These days it is extremely common for business communication to be conducted by email. Despite this, the Florida Residential Landlord and Tenant Act has long required more traditional methods of delivery for statutory notices, such as posting at the property and certified mailings. That is until now. Florida recently passed a new law, § 83.505, that will go into effect on July 1, 2025, which allows the landlord and tenant to elect to receive any notices by electronic delivery to an email address. BUT, as with most things in the law, there are, of course, certain conditions that must be met.
In order for an election to be effective, the parties must specifically agree to the electronic delivery of notices in an addendum to the lease wherein each party provides a valid email address for such purpose. Importantly, the addendum must conspicuously advise the parties that the election to receive notices electronically is voluntary and may be revoked at any time, and the email addresses may be updated at any time. There is a statutory form within the statute that should be followed to comply with these requirements.
If a tenant elects to receive notices electronically in this lease addendum, this will allow a landlord to send their notices, including 3-day notices to pay rent or vacate, 7-day notices of noncompliance with lease terms, notices of nonrenewal, notices of claim on security deposit, etc., to the tenant via email. Any notices sent electronically to a party will be deemed delivered at the time it is sent, unless the email is returned to the sender. The sender of the email is also required to maintain a copy of any notice sent electronically along with evidence of the transmission of the email.
Electing to receive notices through email does not, however, mean that eviction complaints or other lawsuits related to the tenancy can be served on a party electronically. Evictions and other complaints still must be served in accordance with standard service of process procedures.
Keep in mind that a party has the right to revoke their agreement to receive electronic notices at any time. If a party revokes their agreement to receive electronic notices, the revocation will take effect upon delivery of written notice to the other party; however, that revocation will not affect the validity of any notice previously sent by email. If implementing an electronic notice addendum, landlords should have procedures in place to ensure that any revocation received is appropriately documented to ensure that any future notices are delivered by posting/mail as required.
This update to Florida’s residential landlord tenant law certainly modernizes communications and will enable a faster and more efficient means of delivering notices.
This article is for general information only and is not intended as and does not constitute legal advice or solicitation of a prospective client. It should not be relied on for legal advice in any particular factual circumstance.