Landlord-Tenant Communications Made Easier By Changes In Law
In general, one of the most difficult things about renting a home is communication between landlord and tenant. Both may have busy schedules, and it can sometimes be difficult to find time to touch base, even about important things. Recently, Florida’s legislature took a big step toward modernizing and simplifying landlord-tenant communication by passing the Electronic Notices Addendum, codified as Sec. 83.505 of the Florida Statutes. This allows important documents to be transmitted via e-mail if both parties opt into the arrangement.
A Faster, Simpler Alternative
While it may seem elementary in this day and age that a landlord and tenant could send documents via e-mail, this addendum to the law officially codifies that right, which can matter, especially in Florida, where many landlords have conducted business in the same way for years and may be hesitant to change. The addendum does not force e-mail communication, but it does allow for both parties to choose it and provide a valid e-mail address to the other.
In years past, Florida has required documents to be sent via certified mail, which is a service offered by the U.S. Postal Service (USPS) with a ‘unique’ tracking number and delivery confirmation, meaning that the sender will get proof of the document’s delivery. Certified mail would get the job done, but it is often quite slow, and in recent years, less dependable as the USPS encounters budgetary problems and reliability issues. E-mail is a much faster and simpler alternative.
Straightforward Procedure
In terms of the language of the statute itself, the procedure is fairly straightforward. In order to be able to send documents via e-mail, both landlord and tenant must consent – in writing – to do so, and if either party changes their mind, they can revoke that consent at any time in writing as well. Each party can also change their designated e-mail address as long as they inform the other party of the change.
Once consent is established, the statute also specifies that e-mails are considered sent as soon as they are delivered, though in order to be considered sufficient for legal purposes, the sender must also retain evidence of the communication. That said, if an e-mail bounces back as undeliverable, the sender still must see the notice delivered; they may have to seek other means, but they are not off the proverbial hook in terms of serving the document on the other party.
Contact A Tampa Landlord-Tenant Attorney
If you are a Florida landlord or tenant and have questions about this new addendum, a Tampa landlord-tenant attorney can help. Attorney Alicia Seward and the Seward Law Office are ready to try and assist – contact our office today to schedule a consultation.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.505.html
