HB 615 has been signed into law, which takes effect on July 1, 2025, and effectively overturns a 4th DCA case, Harari, by codifying a new framework that gives tenants (and landlords) the discretion to opt in or out of receiving notices by email. Under the new statutory provision and amendments to F.S. ch. 83, pt. 2:
- Email notice is only valid if the tenant or landlord elects to receive notices by email in writing.
- A landlord cannot unilaterally designate email as the method of notice to tenants, even if the lease says so.
- The tenant or landlord may revoke their consent to email notice at any time, in writing.
- If the tenant or landlord does not affirmatively opt in, notice must be delivered by the traditional methods outlined in F.S. § 83.56(4)—typically hand delivery, posting, or mail.
Summary of HB 615 (2025): Email Delivery of Legal Notices Under F.S. Ch. 83, Pt. II
1. Creation of New Statute: F.S. § 83.505 – Email Delivery of Notices
This new section authorizes both landlords and tenants to deliver notices via email, but only if:
- The parties sign a separate addendum to the lease specifically authorizing email delivery;
- Each party provides a valid email address for that purpose;
- The form includes a disclosure that email notice is voluntary and can be revoked or updated at any time.
Key points:
- Email notices are deemed delivered when sent, unless returned undeliverable.
- Revocations or updates of email addresses are effective upon delivery of written notice.
- The sender must retain a copy of the notice and evidence of transmission.
- This does not eliminate other lawful notice methods; email is optional and consensual.
2. Amendments to F.S. § 83.49(3)(a) – Security Deposits
Landlords may now send required security deposit claim notices by email, in accordance with F.S. § 83.505.
The statutory disclosure to tenants has been updated to reflect that notices can be delivered in person, by mail, or by email.
3. Amendment to F.S. § 83.50 – Disclosure of Landlord’s Address
Any changes to the landlord’s contact information may now be delivered by email, if authorized under § 83.505.
4. Amendment to F.S. § 83.51(2)(a) – Landlord’s Duty to Notify Tenant to Vacate for Extermination
The 7-day notice to vacate due to extermination may now be sent via email, in accordance with § 83.505.
5. Amendment to F.S. § 83.56(4) – Notice to Terminate Lease
All notices required under § 83.56(1)-(3) (e.g., 3-day rent notice, 7-day cure or termination notices) may now be emailed, provided § 83.505 is satisfied.
6. Amendment to F.S. § 83.575(1)-(2) – Termination of Fixed-Term Tenancy
Notices required by landlords regarding non-renewal or liquidated damages for failure to give notice may now be emailed, per § 83.56(4) and § 83.505.
Important Compliance Notes for Landlords
- You must use a separate written addendum with clear language and tenant consent to email delivery.
- If no consent is obtained, traditional delivery methods (hand delivery, mail, or posting) remain required, regardless of what your lease agreement states regarding email notice delivery.
- If the tenant revokes email consent, you must revert to traditional methods for future notices (hand delivery, posting in a conspicuous place on the premises in the tenant’s absence, mail).
Failure to comply could render critical notices legally ineffective and expose landlords to eviction delays or legal disputes.
Key Practical Effects for Landlords
1. Lease Provisions Authorizing or Requiring Email Are No Longer Controlling
Even if your lease says that notices may be sent by email, that clause is now ineffective unless the tenant separately and voluntarily consents in writing. Leases must be updated to include an optional election for email delivery.
2. Consent Must Be Clear and Separate
Tenant consent cannot be buried in fine print. It must be:
- Voluntary
- In writing
- Clearly authorizing notices to be sent by email
The lease agreement must include a stand-alone addendum signed at lease execution or renewal.
3. Tenants Can Revoke Consent at Any Time
Tenants can change their minds. Once a tenant revokes email authorization in writing, landlords must revert to traditional delivery methods (e.g., posting, mailing, or hand delivery).
4. Mistaken Email Delivery Can Invalidate a Notice
If a landlord delivers a 3-day notice or 7-day notice solely by email without valid written tenant consent, the notice may be legally defective. This could result in dismissal of an eviction case or denial of damages.
5. Landlords Must Track Tenant Elections
Landlords must maintain clear records of:
- Which tenants have authorized email delivery
- When and how that consent was obtained
- Any written revocations of consent
This documentation may become essential if challenged in court.
Best Practices Moving Forward
- Add a tenant election form to your lease packet allowing tenants to choose email delivery (see sample addendum below).
- Do not rely on lease language alone to justify sending legal notices by email.
- Use hand-delivery, posting, or mail unless you have clear, written email authorization from the tenant to deliver notices by email.
- Train property managers on how and when email delivery is now permitted under the law.
- Audit your active leases to identify tenants for whom email delivery is not legally authorized.
Key Takeaways: Complying With Florida’s New Email Notice Law
HB 615 creates a bright-line rule for email delivery of legal notices in residential leases: tenants now have control. Landlords may only send required notices by email if—and only if—the tenant has consented in writing, which the tenant may revoke anytime during the tenancy. While this narrows the tools available for notice delivery, it brings clarity to an area that previously relied on court interpretation. By updating your lease practices now, you can ensure your notices remain legally enforceable under the new statute beginning on July 1, 2025.
SAMPLE EMAIL NOTICE ADDENDUM
(Florida Statutes § 83.505 – Effective July 1, 2025)
This Addendum is made part of the Residential Lease Agreement dated ___ (“Lease”) between:
Landlord/Property Manager: _______________________________
Tenant(s): ______________________________________________
Property Address: _______________________________________
- Purpose
This Addendum is entered into pursuant to F.S. § 83.505, to authorize the delivery and receipt of legal notices by email during the term of the Lease. - Consent to Email Delivery of Notices
Tenant’s Consent:
☐ Tenant agrees to receive notices by email
☐ Tenant does not agree to receive notices by email
Landlord’s Consent:
☐ Landlord agrees to receive notices by email.
☐ Landlord does not agree to receive notices by email
The party above that has so agreed to email delivery of notices (“agreeing party”) agrees that the other party may deliver any notice required or authorized under Part II of Chapter 83, Florida Statutes, subject to the requirements below. - Authorized Email Addresses
Tenant’s Email Address: _____________________________
Landlord’s/Property Manager’s Email Address: ___________
The Agreeing Party agrees to notify the other party in writing of any change to their designated email address. Notices sent to the last known authorized email address shall be deemed valid. - Effective Delivery
A notice sent via email is considered delivered at the time it is sent, unless it is returned undeliverable. The sender shall retain proof of the email transmission, which may include a timestamped email or confirmation of delivery. - Right to Revoke Consent
Either party may revoke consent to email notice at any time by delivering written notice to the other party. The revocation shall be effective upon delivery. - Voluntary Consent
The parties understand that email delivery of legal notices is not required by law and is voluntary. Each party affirms that they understand this addendum and agree to its terms knowingly and voluntarily. - No Waiver of Other Methods
This Addendum does not waive or restrict the right to send notices by any other method authorized under the Lease or Florida law.
IN WITNESS WHEREOF, the parties have executed this Addendum on the dates below.
Tenant Date: _______________________
Tenant Date: _______________________
Landlord / Landlord Agent: ________________________________