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Emailing Residential Tenants In California

While email use is common and is growing faster than “snail mail”, the California legislature does not generally recognize email as a valid delivery method for most formal communications provided by California residential landlords to tenants . California law requires other delivery methods for most formal California residential landlord communications.

Generally, California law requires that residential tenants be served notices by:

• personal service; or
• posting on the property and mailing a second copy, normal mail the same day; or
• substituted service by delivery to someone of suitable age and discretion and mailing a second copy, normal mail the same day .

While email has existed for decades, until recently, the California legislature ignored email as a communication method between California residential landlords and tenants.  Finally, beginning in 2013, the California legislature authorized emailing two different California residential landlord communications (1) security deposit accountings (but only with the parties’ agreement) and (2) abandoned personal property notices.

Email can be used:

• for informal landlord/tenant communications ;
• to serve security deposit accountings, if landlord and tenant have agreed (preferably written agreement) to email delivery; or
• as a supplemental method of serving abandoned personal property notices (notifying a resident or other party that when the unit was vacated, personal property was left in the unit).

1. Even if a landlord does not use an authorized service method, in some cases a notice may still be effective if there is proof that a tenant actually received it.  See University of  S. Cal. v. Weiss (1962) 208 Cal.App.2d 759, 25 Cal.Rptr. 475, 480 and Reserve Oil & Gas Co. v. Metzenbaum  (1948) 84 Cal.App.2d 769, 774, 191 P.2d 769, 799; Colyear v. Tobriner (1936) 7 Cal.2d 735, 743, 62 P.2d 741, 745.

2. There are a few exceptions for (1) rent increases, (2) entry, and (3) termination of month to month tenancies; specific alternate service methods (not including email) are allowed for service of those specific notices.

3. Both Federal and state laws prohibit emailed “spam” (i.e. unsolicited commercial email advertisements).

For information about how to serve notices on California residential tenants, see Kimball, Tirey  & St. John’s article, “How to Serve a Notice on a Residential Tenant.”

by Jamie Sternberg in Law

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Before acting, be sure to receive legal advice from a lawyer. If you have questions, please contact your local KTS office. For contact information, please visit www.kts-law.com.

© 2013 Kimball, Tirey and St. John LLP

Since 1946 the Carnahan name has had a reputation for honest and ethical Real Estate Property Management services in the San Fernando Valley, Santa Clarita Valley, Burbank/Glendale, Los Angeles, Westside and Conejo Valley areas.

The reason for our success is helping owners like you when they need it. Below is a partial list of property management services we provide to help you protect your real estate investment.

• Tenant placement
• Tenant screening (including: credit check, landlord and employment verification, social security trace report, California eviction check and criminal check)
• Regular property inspections
• Accounting and landlord bill payment
• Monthly financial reporting
• Maintenance service and supervision (we use only proven independent vendors)
• Collections
• Evictions
• We supply all the necessary forms to meet California’s Landlord/Tenant laws
• 24 hour emergency phone service
• Advertising to the broadest tenant base possible

Call or e-mail us today for more information. We’re ready to get started!

Carnahan Property Management services Woodland Hills,West Hills, Calabasas, Canoga Park, Tarzana, Reseda, Topanga, Encino, Northridge, Van Nuys,North Hills,Chatsworth, Sherman Oaks, Studio City, North Hollywood, West Hollywood, San Fernando Valley, Granada Hills, Mission Hills, Simi Valley, West Lake Village, Agoura,Toluca Lake, Valley Village, Burbank. Call us at (818) 884-1500 and check if we can service your area.