Can arepair noticebe given toa landlord by e-mail instead of by letter?

I gave notice to my landlord for repairs by e-mail when my lease states the notice should be in writing. The landlord responded to the email so I know it was read. The repairs were not completed and I want to terminate my lease. The lease is subject to state law which does not require for repair notices to be given in writing. Does the lease supersede the law?

Asked on December 6, 2011 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. Ordinarily a written lease between a landlord and a tenant controls and governs the obligations owed the tenant by the landlord and vice versa in the absence of state law.

You sent an e mail transmission to your landlord requesting certain repirs be made by him or her. You received a response from your landlord to your e mail. The repairs were not made. Whether or not you are entitled to terminate your lease due to the failure of the landlord to make timely repairs depends upon what your lease states as well as state law on the subject. Many states allow the tenant to make the repairs themselves up to a certain amount and deduct the amount of repairs made from the following month's rental.

I suggest that you consult with a landlord tenant attorney further on the subject that you have inquired about.


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