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~ Video Script ~

Hello this is attorney Brian Pendergraft with the Pendergraft Firm LLC, and today’s question I’ll be answering for my #AskAttorneyP series is can a Landlord or Tenant provide each other notice by e-mail.

For example, lets say a landlord or tenant doesn’t want to renew the lease, so they send a notice by e-mail. Is that sufficient notice?

I think the best answer is it depends. It depends on the contract and the law of that jurisdiction. As a general rule, landlords and tenants are required to provide notice as its determined in the contract, i.e. lease agreement, so long as it doesn’t conflict with local laws. Some leases say notices can be sent only by e-mail. Whereas some leases require notices may be on the opposite extreme and provide for notices to be sent by certified mail return receipt requested with a copy sent by first class mail.

It’s best to send the notice as prescribed exactly in the way prescribed by the lease, otherwise the notice may not be valid.

If the lease is silent on how notice should be delivered, then it’s best to look to local laws. Unfortunately, I can’t answer that for every jurisdiction but in my jurisdiction first class mail is sufficient. That said, people lie about receiving notices all the time I like to send notices by priority mail so I have proof if tracking.

But again, check your jurisdictions laws. Your jurisdiction may require for notices from landlords to tenants to be affixed to the property or something like that, even if the contract states otherwise.

So be get acquainted with both the lease agreement and local laws and comply with both. When in doubt, contact a local landlord-tenant attorney or property manager to shed light on what you need to do.

If you have any questions that you would like considered for the #AskAttorneyP series just let me know! 😃