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Our landlord emailed us with an itemized rental deposit statement. It was all crap and fortunately I have pictures to prove it. What I need to know is if the email counts as a written itemized statement. I live in Iowa and the landlord has 30 days to provide one. Thank you.
Our landlord emailed us with an itemized rental deposit statement. It was all crap and fortunately I have pictures to prove it. What I need to know is if the email counts as a written itemized statement. I live in Iowa and the landlord has 30 days to provide one. Thank you.
Yes, electronic communications are acceptable nowadays. The only thing would be if he was supposed to also include receipts. Google Iowa and "landlord security deposit" and you should get a link that says everything the LL is supposed to do.
Also, does he also owe you money left from the deposit after deductions? If he owes you money and didn't get the money to you within the 30 days, then he hasn't met the requirements.
Yes, electronic communications are acceptable nowadays.
Not necessarily; check on what is common practice in your location. My wife's law firm has a tenant rights unit, and I asked her exactly this question months ago, figuring any sort of reasonable communication would count.
Nope, or at least not guarranteed. From what she says, their attorneys have won cases against landlords simply for sending written notice via regular first class mail, as opposed to certified mail -- which state law explicitly specifies is to be used for non-renewal notices and security deposit withold notices. Email only? Definitely would not be a sure thing around here. SMS txt message? No way.
OP should check their lease too. I know our own lease specifically stated that notice shall be defined as communication in writing, sent first class certified return receipt. The clause did allow hand delivery with mutual acknowledgement, but there was no provision one party to unilaterally go for an electronic method instead.
That said, suing over the deposit, and with the form of notice being the only issue, may not be worth it.
Likewise, in OP's state, and even practice specifically in the courts in their location within that state, might be different.
Our landlord emailed us with an itemized rental deposit statement. It was all crap and fortunately I have pictures to prove it. What I need to know is if the email counts as a written itemized statement. I live in Iowa and the landlord has 30 days to provide one. Thank you.
Not necessarily; check on what is common practice in your location. My wife's law firm has a tenant rights unit, and I asked her exactly this question months ago, figuring any sort of reasonable communication would count.
Nope, or at least not guarranteed. From what she says, their attorneys have won cases against landlords simply for sending written notice via regular first class mail, as opposed to certified mail -- which state law explicitly specifies is to be used for non-renewal notices and security deposit withold notices. Email only? Definitely would not be a sure thing around here. SMS txt message? No way.
OP should check their lease too. I know our own lease specifically stated that notice shall be defined as communication in writing, sent first class certified return receipt. The clause did allow hand delivery with mutual acknowledgement, but there was no provision one party to unilaterally go for an electronic method instead.
That said, suing over the deposit, and with the form of notice being the only issue, may not be worth it.
Likewise, in OP's state, and even practice specifically in the courts in their location within that state, might be different.
I think a good lawyer, up on the new laws, would have won. Or at least made a very decent case that an email is equal to any other written communication.
My understanding, is that if email communication has occurred between the parties, it is an acceptable, legal form of written communication going forward.
I think a good lawyer, up on the new laws, would have won. Or at least made a very decent case that an email is equal to any other written communication.
My understanding, is that if email communication has occurred between the parties, it is an acceptable, legal form of written communication going forward.
ESIGN doesn't apply here. That has to do with whether eletronic signatures can validly substitute for hardcopy signatures. In this case, the question is whether the sending an email counts as notice, particularly given that there is zero proof of delivery to the intended recipient (which is not true of a two-way e-signature transaction). Even if someone replied to an email stating, "I agree", there are specific technical definitions of what counts as an "e-signature" that a plain text, unauthenticated email do not meet.
I would also note this important caveat from your summary of the ESIGN legislation:
"ESIGN mandates that information legally required to be in writing can be made available electronically to a consumer only if he or she affirmatively consents to receive the information electronically,"
Did the renter in this case give written consent to the LL *in advance* that they would accept electronic notice in place of hardcopy notices? Prior use of email for informal communication with a business does not necesarily constitute explicit, affirmative consent that notices required to be in writing by state law can be sent electronically instead. A business certainly can't unilaterally declare that email counts as notice.
Now if the relevant state law is silent on the precise form of notice that may not matter, as appears to be the case here.
In my state, I guess it's possible that my wife's firm has the only "good lawyers" in the state, but it seems unlikely.
ESIGN doesn't apply here. That has to do with whether eletronic signatures can validly substitute for hardcopy signatures. In this case, the question is whether the sending an email counts as notice, particularly given that there is zero proof of delivery to the intended recipient (which is not true of a two-way e-signature transaction). Even if someone replied to an email stating, "I agree", there are specific technical definitions of what counts as an "e-signature" that a plain text, unauthenticated email do not meet.
I would also note this important caveat from your summary of the ESIGN legislation:
"ESIGN mandates that information legally required to be in writing can be made available electronically to a consumer only if he or she affirmatively consents to receive the information electronically,"
Did the renter in this case give written consent to the LL *in advance* that they would accept electronic notice in place of hardcopy notices? Prior use of email for informal communication with a business does not necesarily constitute explicit, affirmative consent that notices required to be in writing by state law can be sent electronically instead. A business certainly can't unilaterally declare that email counts as notice.
Now if the relevant state law is silent on the precise form of notice that may not matter, as appears to be the case here.
In my state, I guess it's possible that my wife's firm has the only "good lawyers" in the state, but it seems unlikely.
Read a little further down the page.
Just because someone gets a JD, doesn't mean they know all the laws in the United States.
I represented myself in my workers comp claim, and there were new workers comp laws that said I win my case (in a nutshell). The insurance lawyer started presenting her case according to the old laws and procedures. I said, no according to the new law, that's not right. The judge said, yes it is. I humbly said, no it's section...and the judge interrupted me and stated an old section. I humbly said, no, it's the new section blah blah blah. The judge then opened up his new law book, and found the new section and apologized for not knowing the new law.
Just because someone is a judge or a lawyer, doesn't make them up on the new laws, or always right.
I won't change your mind in this thread. But, if we ended up in court, I would refer to the section you didn't take the time to read. And I would win. IMHO.
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