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Q.

Can a Landlord Give Notice by Email?

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2 months

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Recently, my brother told me he wanted to give notice to his tenant by email. He said to check whether can a landlord give notice by email. I researched about it and found that yes, an owner can send a notice via email. Landlords should provide their tenants a written notice if they refuse to acknowledge the digital one.

Can You Email An Eviction Notice?

I told my brother that he can give notice by mail depending upon terms agreed by the rental agreement and particularly the rent control laws applicable to the state. 

  • I found that usually the eviction notice is supposed to be in writing through physical delivery. With the current increased usage of electronic modes of communication, even using email notices for eviction has gained acceptance. However, it should clearly be mentioned within the lease agreement.

  • Under Indian law, eviction notices should be in writing and served either personally or by registered post. This way, the tenant would receive it and respond or vacate.

  • The Transfer of Property Act, 1882, deals with evictions, but it does not make any mention that any communication must be solely through electronic means such as e-mail. 

  • In the absence of such a clause, delivery through email may not stand in courts of law as traditional methods of registered post and courts of law favoured physical delivery.

Even though this is an easy way to communicate, the tenant must still receive a formal paper notice. I hope you found this helpful.

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