Pensacola, FL asked in Real Estate Law and Landlord - Tenant for Florida

Q: Does a text message meet the written notice requirement?

We are month to month Tennants and the office is currently closed due the Pandemic. We are currently receiving text messages from the management team providing us Tennant's with updates, policy changes etc. Can we provide our intent to vacate premises (teminate month to month agreement) by using a text message as our method of written communication?

2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: READ YOUR LEASE. If the lease requires you to provide notice by carrier pigeon, you need to send it by carrier pigeon. It probably requires you to send it by certified mail, return receipt requested to a specific address. Don't assume that the payment address is the notice address. Updates and policy changes are not notices that are required to be furnished to you in the manner specified by the lease.

Seril L Grossfeld and Bruce Alexander Minnick agree with this answer

1 user found this answer helpful

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Probably. The statutes requiring written notice probably were written before text messaging was in common use (and long ago telegrams were, no doubt, used for such notice), but the purpose of a "writing" is served with a text message. Just be sure to preserve the evidence that you sent the text.

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