[RPPTL LandTen] E-mail Notice

Mon Mar 13 13:25:48 PDT 2017

Cary

Is this the case you reference?  If so, the dissent is pretty persuasive and I go with the dissent.

PHILLIP R. HARARI, Appellant, vs. JULES P. WHITFORD, Appellee. Circuit Court,15th Judicial Circuit (Appellate) in and for Palm Beach County.<http://www.floridalawweekly.com/flwonline/?page=showfile&fromsearch=1&file=../supfiles/issues/vol14/701a.htm&query=%2214+Fla.+L.+Weekly+Supp.+701a%22&altdoc=true&fromeh=true>
Landlord-tenant -- Eviction -- Notice -- E-mail constitutes mailing sufficient to satisfy statutory requirement of mailing written notice whenever contract or course of dealing between parties estab...
Citation: 14 Fla. L. Weekly Supp. 701a

Michael Geo. F. Davis
Attorney at Law
The MGFD Law Firm PA
Countryside Colonial Center
2753 SR 580, Suite 209
Clearwater, FL 33761-3351
P 727-726-1900
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mike at mgfdlaw.com
Primary Eservice: eservice at mgfdlaw.com

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Hegel Laurent
Sent: Tuesday, January 17, 2017 5:11 PM
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] E-mail Notice

   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<tel:(786)%20453-7198> // F: 786.233.6169<tel:(786)%20233-6169>

On Jan 17, 2017 4:01 PM, "Cary P. Sabol, Esq." <csabol at sabollaw.com<mailto: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)
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-------- Original Message --------
Subject: [RPPTL LandTen] E-mail Notice
From: "Daniel S. Carusi, Esq." <dcarusi at carusilaw.com<mailto:dcarusi at carusilaw.com>>
Date: Tue, January 17, 2017 3:46 pm
To: "landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>" <landten at lists.flabarrpptl.org<mailto: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<mailto:PLEADINGS at VOVALAW.COM>.

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