Can Florida landlords email legal notices? It's a common question—and until recently, the answer was mostly no. Under current Florida law, notices like a 3-day notice to pay rent or a 7-day notice of noncompliance must be hand-delivered, mailed, or posted at the property. That means if a landlord sends a notice by text or email—even with the best intentions—it might not be legally valid.
But a new law—Florida House Bill 615—is set to change that. It creates Florida Statute 83.505, which allows certain legal notices to be delivered by email. Not text, not DMs—email only—and only if both parties agree in writing. Until July1st, legal notices must still be delivered the traditional way: either hand-delivered, mailed, or posted on the premises, as required under Florida Statute Chapter 83.
If you're a landlord wondering how to modernize your lease—or a tenant curious about your rights—here's what you need to know before July 1st rolls around.
What does Florida HB 615 actually change?
This new law creates Florida Statute 83.505, which allows email delivery of legal notices—but not all types of notices, and only with a mutual written agreement. Examples of notices that may be eligible for email delivery include:
- Lease renewal or termination notices
- Maintenance requests or notices to enter
- 7-day notices for non-compliance (if allowed under interpretation)
However, notices involving court filings or formal evictions will likely still require physical delivery to remain valid under Florida law.
Is a written agreement required to send notices by email?
Yes. Both the landlord and tenant must sign a lease agreement or lease addendum that:
- Specifies email as the method of communication
- Lists the approved email addresses
- Includes a clear statement of consent
- Is signed and dated by all parties
This agreement can be revoked at any time by either party, at which point the landlord or tenant must return to the original statutory delivery methods.
Example clause for lease agreements:
"Tenant agrees to receive all non-emergency communications and legal notices via email at [email address] and confirms that this method is acceptable for official notice delivery under Florida Statutes. This agreement may be revoked by either party at any time in writing."
Are Florida landlords still required to send written physical notices?
Possibly. Even with a signed agreement permitting email, many landlords and attorneys will continue to send both email and physical copies—especially for time-sensitive matters like rent nonpayment or lease termination. This "belt and suspenders" approach reduces legal risk until the courts establish clear precedent under the new law.
What happens if a landlord sends a notice by email without a written agreement?
That notice may be considered invalid. Without an enforceable written agreement, landlords must use hand delivery, mail, or posting. Relying solely on email—or especially text—could jeopardize eviction cases or other legal actions.
How will this law affect lease disputes and evictions in Florida?
The practical impact will depend on how courts interpret and apply the law in real-world cases. If a party fails to follow proper procedure, their notice could be ruled invalid, potentially delaying evictions or other legal processes. Until more case law develops, proceed cautiously and consult an attorney before relying on email alone.
What are the risks of relying on email alone?
Even if both parties sign an email agreement, there are still legal gray areas. Some risks include:
- Email goes to spam or is accidentally deleted
- Outdated or incorrect email address
- Email server issues or delivery failures
- Tenant denies receipt of the message
Because of these potential issues, many attorneys recommend dual delivery (both physical and email) for important notices like nonpayment or lease violations.
How does this affect lease disputes and evictions?
The full legal impact of Florida Statute 83.505 won't be clear until it is tested in court. For now:
- If an email is sent without a valid agreement, it could invalidate the notice
- If a tenant doesn't check their email regularly, it may lead to delayed responses
- If either party revokes the agreement, they must return to physical delivery
When in doubt, err on the side of caution and document everything. Maintaining printed copies of emails, screenshots of delivery confirmation, or backup hand-delivered notices can protect both parties in disputes.
Is this law only for residential leases?
No. This statute applies to both residential and commercial tenancies in Florida. Commercial landlords and tenants may also benefit from using email for certain communications—again, only if they follow the proper procedures and sign a written agreement.
Legal Insight from Jarrod Etheridge
Jarrod Etheridge, a Florida attorney experienced in landlord-tenant law, advises that this new statute will streamline certain communications but should be used carefully. "This change gives more flexibility, but only with proper documentation. A clear, written agreement is key—otherwise, you're right back to traditional delivery," Etheridge notes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
