Starting July 1, 2025, Florida Landlords & Tenants Can Use Email for Legal Notices
According to Kelley, Grant & Tanis, a real estate law firm, starting Florida landlords and tenants will soon have the option to use email for legal notices, thanks to a new law set to take effect on July 1, 2025. This change, outlined in Section 83.505 of the Florida Statutes, aims to modernize communication between landlords
and tenants, offering a more efficient and convenient alternative to traditional mail.
What is Section 83.505?
Section 83.505 of the Florida Statutes allows landlords and tenants to agree to receive legal notices and other communications electronically, including via email. This includes notices related to rent increases, lease violations, eviction proceedings, and other important matters.
Opting into Electronic Delivery: The Requirements
Before landlords and tenants can utilize electronic notice delivery, certain requirements must be met. Both parties must explicitly agree to receive notices electronically. This agreement must be in writing and can be included in the lease agreement or as a separate addendum. The agreement must also specify the email addresses to be used for sending and receiving notices.
Key requirements for opting in:
- Written Consent: Both the landlord and tenant must provide written consent to receive notices electronically.
- Email Addresses: The agreement must clearly state the email addresses designated for receiving notices.
- Acknowledgement of Receipt: The sender must receive an electronic receipt or other documentation confirming that the email was received. It's crucial to keep a record of these receipts as proof of delivery.
- Right to Withdraw: Both parties must have the right to withdraw their consent to electronic notice at any time, with reasonable written notice to the other party. After withdrawal, all notices must be delivered via traditional methods.
Benefits for Landlords and Property Managers
- Increased Efficiency: Email allows for faster delivery of notices, reducing delays associated with traditional mail.
- Reduced Costs: Electronic delivery eliminates the expense of printing, postage, and physical delivery.
- Better Record-Keeping: Electronic records are easier to store, search, and manage compared to paper documents.
- Streamlined Processes: Integrating email notifications into property management software can automate many tasks.
- Enhanced Tenant Satisfaction: Offering convenient communication options can improve tenant relations.
- Competitive Advantage: Adopting modern technologies can attract and retain tenants.
- Reduced Risk of Disputes: Clear electronic records can help resolve disputes quickly and efficiently.
Next Steps
As July 1, 2025, approaches, landlords and property managers in Florida should take the following steps to prepare for the implementation of Section 83.505:
- Review Lease Agreements: Update your standard lease agreements to include a provision for electronic notice delivery.
- Develop a System for Obtaining Consent: Create a clear and simple process for obtaining written consent from tenants.
- Train Staff: Ensure that your staff is familiar with the new law and the procedures for sending and receiving electronic notices.
- Update Technology: Integrate email notification capabilities into your property management software.
- Consult Legal Counsel: Seek legal advice to ensure compliance with all applicable laws and regulations.
Questions?
If you have any questions about Section 83.505 of the Florida Statutes or how it may affect your property management practices, please contact us.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney to discuss your specific situation.