Jamie Sternberg, Esq.
Updated May 2019
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[1]. 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[2].
While email has existed for decades, until recently, the California legislature ignored email as a communication method between California residential landlords and tenants. Recently, the California legislature authorized emailing three different California residential landlord communications (1) security deposit accountings (but only with the parties’ agreement), (2) abandoned personal property notices, and (3) pesticide notices, when pesticides are applied by the landlord or the landlord’s agent[3].
Email can be used:
- for informal landlord/tenant communications4
- to serve security deposit accountings, if landlord and tenant have agreed (preferably written agreement) to email delivery after either party gives written notice of termination of the tenancy;
- 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); or
- to serve Proposition 65 notices.
For information about how to serve notices on California residential tenants, see Kimball, Tirey & St. John’s article, “Service of Notices on California Residential Tenants”, available at http://ClientPortal.kts-law.com/resource_library/docs/Articles/HowtoServeaNoticeonaResidentialTenant.pdf.
[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] Civil Code §1940.8.5.
[4] Both Federal and state laws prohibit emailed “spam” (i.e. unsolicited commercial email advertisements).
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. While KTS provides clients with information on legislative changes, our courtesy notifications are not meant to be exhaustive and do not take the place of legislative services or membership in trade associations. Our legal alerts are provided on selected topics and should not be relied upon as a complete report of all new changes of local, state, and federal laws affecting property owners and managers. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers and Legal Articles, please consult the resource section of our website.
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