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Suprises | Does an email count as written notice? |
I'm sending an email to our landlord (basically saying 'if you dont do what you've been promising, then we're going to withold rent') and I know that you need to give written notice before you can withold rent. Does an email count?
Additional Details
Until I actually withhold rent, am I at risk of being evicted for threatening to? |
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Weimaraner Mom
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You cannot withhold rent, if you do your landlord is well within his rights to evict you for not paying rent regardless if he hasn't fixed the items that require fixing. In order to do this legally you have to escrow your rent with the courts. That way if it goes to court you are protected. Just holding will in no way protect you from eviction and other court costs.
No an email is not proper written notice. You need to send a letter via Certified Mail return receipt requested, that way you have PROOF that your landlord received the letter, sending an email does not prove that the LL got it unless you have a return receipt sent back. Most email accounts do not provide this to you.
Send a letter stating that you require these items to be fixed within 14 days of receiving this letter, if nothing has been done then you will look to withhold your rents thru the courts. Please find out first if you can do this in your city. If you cannot then I'm afraid you will and can be evicted for not paying your rent.
Do the repairs make your home uninhabitable? Are the repairs causing any sort of medical issue? If they are then I suggest you call the Building and Housing authority and have an inspector make an inspection, if they warrant the repairs are a health violation they will cite and fine your landlord for not making the repairs. Otherwise if they are not causing medical issues or preventing you from living in the home then you will have to wait.
Depending on what state you are in some cities allow you to notify the landlord that if repairs are not made you will call someone to make them and deduct the cost of the repair from the rent, you must provide the landlord with receipts if you do this.
Good luck. |
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Expert Realtor
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No, certified, signed-receipt mail is your best proof unless you sent the e-mail with "return receipt" to prove it had been read.
You CANNOT withhold rent for ANY reason without permission from the court---that is considered a self-help measure.
If you try to pull that stunt and he tries to evict you, he WILL WIN. |
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TheMom
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It can easily be contested in court, including date sent, as a child could easily make it appear to say anything, have any date.
If you have a lease you can not be evicted for threats. If you do not, you can simply be evicted, with a 30 day notice. I would evict you, you are a trouble maker.
You can be evicted for withholding rent, it has to be very extreme for that to be legal without a court order. Very few situations create a situation where rent withholding is illegal.
Be sure to put the rent into an escrow account, the only way to legally withhold rent. After the legal conditions of the premises are met the landlord is given the funds, plus interest. |
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davo_302
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Yes it should but there may be conditions |
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max
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As long as you get acknowledgement that he/she has received it - yes |
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goz1111
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Beware in majority of states you can not withhold rent for repairs, so sending a email of your intent to withhold rent will lead to an eviction, even those few states that may allow to withhold you must set up an account with the courts first,
Your recourse in majority of states is to file a suit to compel the landlord to make repairs but then the legal burden falls on you to prove the place is inhabitable versus a few minor repair issues
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estielmo
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Don't be so lazy. It's best to use Certified Mail. |
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Emma B
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it should be ok but if possible you should email it then print it and post it as well just so they can't say they never received your email, keep a copy for yourself too that states exactly when you sent it |
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I Buy And Sell Houses
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As the others say, generally it should. However--big however--take steps to prove not just that you sent the e-mail but that it was received. If you don't, it's your word against his.
Second, check your lease. Your lease will specify acceptable forms of communication. It must be written to be enforceable. Does the lease address e-mails? If it says they're permissible, that's OK. If it says they're not allowed, then you can't do it. If it's silent on the subject of e-mails, then it's not prohibited.
Regarding eviction for threatening to withhold rent--read your lease. (Look: The answer to all your questions is right in front of you.) Under what conditions can you be evicted? I'm guessing that failure to pay rent does constitute grounds for eviction. I'm also guessing that threatening to withhold rent is not grounds for eviction. (I've never heard of it being justification for eviction...but there's always a first time.) If a threat to withhold rent is not listed as grounds for eviction (either explicitly or implicitly), then you're OK.
Hope that helps. |
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Birdie2006
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As long as it's not a notice to terminate an agreement then an email is valid. The communications act of 2003 (I think, might 2001 but either way easily referable) reclassified emails as written. |
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reenzz
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Yes...and in most states you also need permission from the courts. Read your local landlord/tenant laws before withholding rent or you may find yourself evicted. |
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