Email OK for Some Landlord-Tenant Notices

TALLAHASSEE, Fla. — In years past, after a tenant had vacated a property, Florida law mandated that a landlord’s claim on a security deposit be sent “written notice by certified mail to the tenant’s last known mailing address.” This caused many issues with landlords. The tenant may not have left a forwarding address when they left. Many tenants may not even have a new permanent address when they vacate. Plus, composing and mailing a certified letter is not only costly and time consuming, but also in many ways a relic of old ways of doing business. 

Luckily, during this year’s legislative session, the Florida Legislature decided to modernize the process by which landlords and tenants can communicate. The Legislature passed House Bill 615, which among other things created section 83.505, Florida Statutes. This law went into effect on July 1, 2025. Section 83.505 states that a “landlord or tenant may electronically deliver via an e-mail address any notices required under this part to the other party if the parties have signed an addendum to the rental agreement that the parties specifically agree to the electronic delivery of notices…” Furthermore, the addendum must “conspicuously advise[] the parties that such election is voluntary and that they may revoke such agreement or update their e-mail addresses at any time.”

Note that the law specifies this agreement must be set forth in an addendum to the lease. Until the Legislature explicitly states otherwise, in an abundance of caution, the notice required in section 83.505 should not appear in the lease itself.

Luckily, the Legislature provided language in the statute that can be cut-and-pasted directly into such an addendum:

Landlord election:

Notices from a tenant may contain time-sensitive information about the tenant's housing. The election to receive notices from the tenant by e-mail is voluntary.

☐ I ...(name)..., the landlord or the landlord's agent, agree to receive notices required by the rental agreement or under part II of chapter 83, Florida Statutes, from the tenant by e-mail. I designate the following e-mail address for receipt of notices from the tenant: ... (landlord's or landlord's agent's e-mail address)....

☐ I do not agree to receive notices by e-mail.

I may revoke my agreement to receive notices by e-mail by providing written notice to the tenant which is effective upon delivery of such written notice and does not affect the validity of any notice that was previously sent by e-mail.

I may update my e-mail address designated for electronic delivery at any time by providing written notice to the tenant specifying the new e-mail address, which takes effect upon delivery of such notice.

Tenant election:

Notices from a landlord may contain time-sensitive information about a tenant's housing. The election to receive notices from the landlord by e-mail is voluntary.

☐ I ...(name)..., the tenant, agree to receive notices required by the rental agreement or under part II of chapter 83, Florida Statutes, from the landlord by e-mail. I designate the following e-mail address for receipt of notices from the landlord: ...(tenant's e-mail address)....

☐ I do not agree to receive notices by e-mail.

I may revoke my agreement to receive notices by e-mail by providing written notice to the landlord which is effective upon delivery of such written notice and does not affect the validity of any notice that was previously sent by e-mail.

I may update my e-mail address designated for electronic delivery at any time by providing written notice to the landlord specifying the new e-mail address, which takes effect upon delivery of such notice.

Section 83.505 goes on to update multiple sections to permit notice via e-mail if the parties have agreed via the written addendum to do so. This includes notices under sections 83.49 (security deposits and security deposit claims), 83.50 (disclosure of landlord’s address), 83.51 (landlord’s notice to tenant to temporarily vacate for pest control), 83.56 (notice of termination of rental agreement), and 83.575 (notice of termination at end of lease of specific duration).

Note that the new e-mail notice provisions do not apply to commercial tenancies. Also note that the new e-mail notice provisions may not apply to an oral lease, since permission to use e-mail must be agreed via written addendum. Finally, there are other sections in part II of chapter 83 that House Bill 615 does not mention which reference “notice” without specifying the form of notice. If a landlord has a question about whether the new e-mail notice provisions apply to a particular situation, they should consult their attorney.

Richard Swank is an Associate General Counsel for Florida Realtors.

Note: Information deemed accurate on date of publication.

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