Is Email a written notice? What about tweets, texts and voice mail?
Is email a "written notice"?
Ohio Landlord Tenant Law refers to "written" notice in regard to repairs, termination, security deposit, and landlord information.
What does "writing" or "written" mean in the 21st century? It depends
on the court, but judges are leaning towards accepting email, not so
much text, voice mail or other more ephemeral forms of communication.
HINT: if you want to argue over what is a written notice...go to law
school. If you want to argue over getting repairs done or a security
deposit returned, put it in writing. Patti raises an interesting
quetion-Landlord gives 3 days notice to vacate with an email, text
message, message on the voice mail. Is that legal? NO. Three days
notice to vacate is required by ORC 1923 to be delivered by the landlord BEFORE the landlord can file an eviction. Law says:
a party desiring to commence an action under this chapter
shall notify the adverse party to leave the premises, for the possession of
which the action is about to be brought, three or more days before beginning
the action, by certified mail, return receipt requested, or by handing a
written copy of the notice to the defendant in person, or by leaving it at the
defendant's usual place of abode or at the premises from which the defendant is
sought to be evicted Every notice given under this section by a landlord to recover
residential premises shall contain the following language printed or written in
a conspicuous manner: "You are being asked to leave the premises. If you do not
leave, an eviction action may be initiated against you. If you are in doubt
regarding your legal rights and obligations as a tenant, it is recommended that
you seek legal assistance."
On line tools Advocates and entrepreneurs are trying to build on line systems for tenants to file complaints. Questions about on line tools are:
will they be accepted by courts?
what are the privacy protections?
are tenants willing to use impersonal contact systems...or will they prefer face to face.
