Can a landlord terminate a lease by email?

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Can a landlord terminate a lease by email?

I am renting a commercial space. The landlord says that my lease is terminated because he emailed me notices of termination. Is this sufficient notice, or does it have to be mailed or certified mailed? There is a section in the lease that states, “Every notice, approval, consent, or other communication authorized or required by this lease shall not be effective unless same shall be in writing andshall be directed to the other party at its address herinabove first mentioned, or such other address as either party may designate by notice given from time to time in accordance with this.

Asked on February 20, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written with respect to the notice requirements that you listed from your written lease for the commercial premises, the e mailed notice terminating your lease from your landlord seems adequate based upon the contractual language to have placed you on notice that your lease is being terminated.

As a general rule, I recommend certified mailing of the termination of one's lease as opposed to an e mail. The reason is that with an e mail, there is no guarantee that the person to whom it is addressed actually receives the transmission.


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