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)

Law Offices of Cary P. Sabol

P.O. Box 15981 | West Palm Beach | Florida | 33416

Office: (561) 413-4449

Cell: (561) 281-2744

Fax: (888) 316-2881

.

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

__________________________________________________________________________________________________________________

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

-------- Original Message --------
Subject: [RPPTL LandTen] E-mail Notice
From: "Daniel S. Carusi, Esq." <dcarusi@carusilaw.com>
Date: Tue, January 17, 2017 3:46 pm
To: "landten@lists.flabarrpptl.org" <landten@lists.flabarrpptl.org>

#wmQuoteWrapper P  {margin-top:0;margin-bottom:0;}

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?

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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@CARUSILAW.COM.

Daniel S. Carusi, Esq.

Daniel S. Carusi. P.A.

517 SW 1 Avenue

Ft. Lauderdale, FL 33301

954.527.0101

954.524.4169 F

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately.

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The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to apolloniaauciello@bellsouth.net.

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

On Jan 17, 2017 4:01 PM, "Cary P. Sabol, Esq." csabol@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)
*Law Offices of Cary P. Sabol *
*P.O. Box 15981 | West Palm Beach | Florida | 33416 *
Office: (561) 413-4449 <(561)%20413-4449>
Cell:    (561) 281-2744 <(561)%20281-2744>
Fax:      (888) 316-2881 <(888)%20316-2881>

.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
__________________________________________________________________________________________________________________
IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury
Department Regulations, we are now required to advise you that, unless
otherwise expressly indicated, any federal tax advice expressed above was
neither written nor intended by the sender or this firm to be used and
cannot be used by any taxpayer for the purpose of avoiding penalties that
may be imposed under U.S. tax law. If any person uses or refers to any such
tax advice in promoting, marketing or recommending a partnership or other
entity, investment plan or arrangement to any taxpayer, then the advice
should be considered to have been written to support the promotion or
marketing by a person other than the sender or this firm of that
transaction or matter, and such taxpayer should seek advice based on the
taxpayer's particular circumstances from an independent tax advisor.

Confidentiality Notice: This electronic mail transmission is intended for
the use of the individual or entity to which it is addressed and may
contain confidential information belonging to the sender which is protected
by the attorney-client privilege. If you are not the intended recipient,
you are hereby notified that any disclosure, copying, distribution, or the
taking of any action in reliance on the contents of this information is
strictly prohibited. If you have received this transmission in error,
please notify the sender immediately by e-mail and delete the original
message. Thank you for your cooperation.

-------- Original Message --------
Subject: [RPPTL LandTen] E-mail Notice
From: "Daniel S. Carusi, Esq." dcarusi@carusilaw.com
Date: Tue, January 17, 2017 3:46 pm
To: "landten@lists.flabarrpptl.org" landten@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@CARUSILAW.COM PLEADINGS@VOVALAW.COM.

Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101 <(954)%20527-0101>
954.524.4169 <(954)%20524-4169> F

This message and the documents attached to it, if any, are intended only
for the use of the addressee and may contain information that is PRIVILEGED
and CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are not
the intended recipient, you are hereby notified that any dissemination of
this communication is strictly prohibited. If you have received this
communication in error, please delete all electronic copies of this message
and its attachments, if any, destroy any hard copies you may have created
and notify me immediately.

Tax Advice Disclosure: To ensure compliance with requirements imposed by
the IRS under Circular 230, we inform you that any U.S. federal tax advice
contained in this communication (including any attachments), unless
otherwise specifically stated, was not intended or written to be used, and
cannot be used, for the purpose of (1) avoiding penalties under the
Internal Revenue Code or (2) promoting, marketing or recommending to
another party any matters addressed herein.
The information contained in this transmission may contain privileged and
confidential information. It is intended only for the use of the person(s)
named above. If you are not the intended recipient, you are hereby notified
that any review, dissemination, distribution or duplication of this
communication is strictly prohibited. If you are not the intended
recipient, please contact the sender by reply email and destroy all copies
of the original message. To reply to our email administrator directly,
please send an email to apolloniaauciello@bellsouth.net.
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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
F 727-726-7440
mike@mgfdlaw.com
Primary Eservice: eservice@mgfdlaw.com

THIS E-MAIL MESSAGE IS CONFIDENTIAL, ATTORNEY-CLIENT PRIVILEGED, AND INTENDED FOR THE PERSONS NAMED ABOVE ONLY.  ALL OTHER USE, COPYING, OR DISTRIBUTION IS STRICTLY PROHIBITED.  This e-mail and its attachments are confidential and intended to be protected by the attorney-client privilege and/or work product doctrine.  Any use inconsistent with these protections, including unauthorized forwarding to third parties, is strictly prohibited.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Hegel Laurent
Sent: Tuesday, January 17, 2017 5:11 PM
To: RPPTL Landlord Tenant Committee landten@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. 7198tel:(786)%20453-7198 // F: 786.233.6169tel:(786)%20233-6169

On Jan 17, 2017 4:01 PM, "Cary P. Sabol, Esq." <csabol@sabollaw.commailto:csabol@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)
Law Offices of Cary P. Sabol
P.O. Box 15981 | West Palm Beach | Florida | 33416
Office: (561) 413-4449tel:(561)%20413-4449
Cell:    (561) 281-2744tel:(561)%20281-2744
Fax:      (888) 316-2881tel:(888)%20316-2881

.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

IRS Circular 230 Notice: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation.

-------- Original Message --------
Subject: [RPPTL LandTen] E-mail Notice
From: "Daniel S. Carusi, Esq." <dcarusi@carusilaw.commailto:dcarusi@carusilaw.com>
Date: Tue, January 17, 2017 3:46 pm
To: "landten@lists.flabarrpptl.orgmailto:landten@lists.flabarrpptl.org" <landten@lists.flabarrpptl.orgmailto:landten@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@CARUSILAW.COMmailto:PLEADINGS@VOVALAW.COM.

Daniel S. Carusi, Esq.
Daniel S. Carusi. P.A.
517 SW 1 Avenue
Ft. Lauderdale, FL 33301
954.527.0101tel:(954)%20527-0101
954.524.4169tel:(954)%20524-4169 F

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL, and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. To reply to our email administrator directly, please send an email to apolloniaauciello@bellsouth.netmailto:apolloniaauciello@bellsouth.net.

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