[RPPTL LandTen] E-mail Notice

Tue Jan 17 14:10:44 PST 2017

   Generally, I agree with Attorney Sabol, however, under the specific
facts presented by Attorney Caruso, a paying-Client *should* be satisfied
if you argued that under the facts presented the form of service, *sans
other defects*, should become a non-issue for the following two (2)
narrowly-tailored reasons:

[1] first, under what caselaw seems to indicate is ironclad Florida law,
the doctrine of waiver (and related/derivative theories) will cut against
any such objection to service because *both* parties *explicitly* acted in
conjunction with this form of service under the *instantaneously applicable*
situation (generally meaning there was no later *mutual *deviation from the
situation e.g., rent was paid by tenant for another month and landlord (as
they are prone to do) accepts it);

[2] second and, more importantly, the parties *clearly* agreed in writing,
though via email, on a *termination date*. There is a juggernaut argument
that says that this *is* a lease agreement and when the expiration date
came there was no need for any further action for the lease to terminate
provided nothing else happened (see rental payment scenario infra). See
F.S. 83.43 (7) (Definitions: rental agreement); F.S. 83.46 (2) (duration of
tenancies).

  Other than that, I really don't know what to tell ya.

Hegel Laurent, ESQ.
Laurent Law Office, P.L.
One Biscayne Place
11098 Biscayne Blvd., Ste. 401
Miami, FL 33161
Ph: 786. 453. 7198 <(786)%20453-7198> // F: 786.233.6169 <(786)%20233-6169>

On Jan 17, 2017 4:01 PM, "Cary P. Sabol, Esq." <csabol at sabollaw.com> wrote:

Based on my reading and understanding of the statute and experience in
court, email not would not be sufficient.  I've always been under the
belief that that type of notice must be either hand delivery or by
certified mail.

I would love to hear if anyone has knowledge or authority otherwise as this
question comes up all the time nowadays.
Cary
*Cary P. Sabol, Esq. J.D. (2001), LLM (2009)*
*Law Offices of Cary P. Sabol *
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-------- Original Message --------
Subject: [RPPTL LandTen] E-mail Notice
From: "Daniel S. Carusi, Esq." <dcarusi at carusilaw.com>
Date: Tue, January 17, 2017 3:46 pm
To: "landten at lists.flabarrpptl.org" <landten at lists.flabarrpptl.org>

Would like to get feedback on whether you believe e-mail  notice to
terminate a month to month residential tenancy is sufficient. Facts are
straightforward. Standard FAR Residential lease. Notice provision for both
landlord and tenant gives physical addresses. Landlord and tenant's emails
are listed on lease. Most prior communications between L&T are via e-mail.
Tenant gives notice to landlord via e-mail that they are terminating and
leaving at end of next monthly period. Landlord says OK. Then shortly
before tenant is to vacate, tenant sends e-mail stating they are not
leaving. I found one  Florida Laws Supplement case from 2007 that held the
e-mail notice was sufficient under the same statute. Anybody litigate this
issue before?

*DO NOT SEND NOTICES, MOTIONS OR PLEADINGS TO THE SENDER’S E-MAIL ADDRESS.
DOING SO DOES NOT CONSTITUTE LEGAL NOTICE AS REQUIRED BY THE RULES OF
COURT.  ALL SUCH NOTICES, PLEADINGS OR MOTIONS MUST BE SENT TO
SERVICEPLEADINGS at CARUSILAW.COM <PLEADINGS at VOVALAW.COM>.*

Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101 <(954)%20527-0101>
954.524.4169 <(954)%20524-4169> F

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