Andrew Powell
The House Civil Justice and Claims Subcommittee advanced a bill that seeks to permit electronic communications for landlords.
Fort Myers Republican Rep. Tiffany Esposito filed the measure (HB 615) that would allow property owners to notify their tenants through electronic means.
While the legislation seeks to move rental market communications into the modern era, it was met with questions from committee members concerning whether tenants would be declined a rental if they don’t choose to opt in, or when a notice period would begin if an eviction notice was delivered via email.
Esposito said she would be open to having discussions with committee members around clarifying some of the language and ensure that less tech-savvy tenants would still be able to get communications from their landlords.
“We’re trying to give both tenants and landlords options for communications preferences, because we currently have a similar issue with printed notices,” Esposito said. “If a printed notice is left, or an emailed notice is sent, the timelines still apply, and we have the same problem. So, it’s up to the tenant whether they want to opt in to electronic delivery or not.”
North Miami Democratic Rep. Dotie Joseph had procedural concerns about the bill and whether provisions could be made that would allow electronic notices to have an acknowledgment that they have been received.
Jackson Oberlink, representing Florida Rising, opposed the bill and told the committee that it would disadvantage certain tenants if it was passed without certain amendments first being made.
“While I appreciate that the intent of this bill is to modernize landlord-tenant communication, this bill as written creates an imbalance that disproportionately harms tenants,” Oberlink said.
“We hope to work with the sponsor to improve it and urge you to consider amendments that ensure fairness and electronic notices. The bill allows landlords to send eviction and security deposit claims via email but does not grant tenants the same right.”
Oberlink noted that states such as Nebraska and Oregon allow both parties to use email for official notices and said Florida should adopt this policy. Other states also include opt-out options to safeguard vulnerable renters. Oberlink noted that an amendment should be included that requires the use of email services to confirm the notice has been received.
“Tenants may feel pressured to consent to email delivery as a condition of them securing housing. Oregon requires email agreements be signed after a lease begins, allowing informed consent,” Oberlink said. “Florida should adopt a similar safeguard. These are practical amendments that uphold the bill’s goal of modernizing communication while preventing wrongful evictions and financial harm to tenants.”
Jonathan Webber, Policy Director with the Southern Poverty Law Center, opposed the bill and said emails should not be used for something as important as an eviction notice.
“I urge you to vote ‘no’ on this bill. Our primary concern lies with the email communication provision,” Webber said.
“Email should never be the sole method for delivering a notice as serious or life-altering as an eviction. … We’re also concerned that the email opt-in, the addendum itself, could easily get lost in the overall rental agreement moment. Lease agreements are notoriously long and complicated. New tenants are often overwhelmed with paperwork and logistics on move-in day. Choosing the right email for eviction notices is not likely to be on top of mind at that moment.”
Webber noted that tenants could become victims of scammers.
“This provision could make vulnerable renters an easy target for bad actors, or conversely, email is so tainted with scammers that a tenant may see a real email from their landlord and not trust that it’s authentic. While I support going paperless whenever possible, some communications are simply important to rely on email alone, even if one signs the addendum.”
Port Charlotte Republican Rep. Danny Nix supported the bill and, as a former property management company owner, offered a different perspective.
“As a Realtor, as well as someone who owned a property management company and sold it, I want to thank you for bringing this bill,” Nix said.
“I cannot agree more that renters need rights. But what I will tell you is owners need rights as well. They’re the ones that are taking their … capital and putting it into properties to allow individuals to have a place to live. Currently in this market, you’ll see they’re exactly right, there is no opt-in or opt-out. It’s, ‘I want you to do this, or I’ll rent it to someone else.’ And that’s a private property right.”
Ultimately, the committee passed the bill by a vote of 12-4, and it will now go before the Housing, Agriculture & Tourism Subcommittee.
