Can A Tenant/Landlord Agree To Accept "Service" of Notices By E-mail/Text and Have it Be Binding?

1 Reply

As part of my Lease with a tenant, I require that they provide me with a good e-mail address and cell phone number as well as indicate weather they agree to accept texts on that number.  They are further required to notify me of any changes to this contact information.  I provide them with the same contact information for me.  Lately I have been thinking how much easier it would be to provide notices by e-mail and text rather than posting on the unit door and snail-mail.  I also believe this gives me an added protection of an electronic "date/time stamp" in proving that notices were made timely.  

The laws in Oregon where I have the majority of my properties talk about personal service (posting) and mail which seems outdated to me but of course, I always want to be compliant.  My question is, if I made the acceptance of service by e-mail and text a part of my lease, and agreed to take my written notices from tenants the same way, would this be sufficient to enforce the content of the notices?  Has anyone done this?  Does anyone see a downside to it?  

It seems to me that the chances of someone "missing" a notice posted on their door or by USPS are much greater than them missing anything that comes through on their phone...

Is anyone doing this?  Does anyone own property in a jurisdiction that expressly allows this as an acceptable form of 'Notice"?

Thanks!

Shawn Davis

Yes, you can serve legal notice by email if it is agreed and if it authorized by state law. Search "legal notices required" in your state eviction laws, it may be accepted along with personal service, physical postings and certified or registered mail return receipt requested.   :)

Medium logoscopiccroppedblue2Bill Gulley, General Real Estate Academy | https://generalrealestateacademy.com