Effective July 1, 2025, Florida’s new House Bill 615 will allow landlords and tenants to deliver legal notices via email—but only if specific conditions are met. For commercial landlords and tenants, this change presents an opportunity to modernize communication but also introduces new responsibilities that should not be overlooked.
Under HB 615, email delivery is not automatic. Both the landlord and the tenant must agree in writing to use email for notices. This agreement must be documented in a specific addendum to the lease. The addendum must include a clear and conspicuous disclosure that the election to receive notices by email is voluntary, and each party must designate a valid email address for this purpose. Without this written agreement, traditional methods of notice, such as personal delivery or certified mail, remain the default.
This change affects a wide range of notices commonly found in both residential and commercial leasing relationships, including notices regarding security deposits, lease terminations, nonrenewals, and other communications required under Florida’s Landlord and Tenant Act. Although the statutory changes are aimed primarily at residential tenancies, many commercial leases incorporate similar notice procedures, and we expect these provisions will quickly be adopted in the commercial context.
Landlords and tenants considering electronic delivery must take steps to ensure the designated email addresses are correct, actively monitored, and not filtered into junk or spam folders. This is critical because once the addendum is signed, notices sent to that address are considered legally delivered the moment they are sent, even if they are never opened or read.
To mitigate the risk of disputes, DHN Attorneys recommends enabling read receipts or delivery confirmations when sending legally significant notices. While not required by the statute, these tools can provide helpful evidence in the event a recipient later claims not to have received the notice. Landlords should also implement internal procedures to retain copies of each email and corresponding proof that the message was sent.
The law also provides flexibility for either party to revoke or update their designated email address at any time. However, such changes only take effect upon written notice to the other party, which places a premium on maintaining updated contact information and documenting all notice activity.
Commercial landlords should review their lease forms and renewal processes now to ensure they are prepared to incorporate HB 615's requirements. For tenants, understanding whether email delivery has been agreed upon—and having systems in place to manage that method of communication—will be essential to avoid missing critical lease notices.
At DHN Attorneys, we are advising both landlords and tenants to revisit their lease templates, notice clauses, and operational practices in light of this change. Whether you are negotiating a new lease or amending an existing one, we can assist in drafting compliant notice provisions and designing procedures that reduce risk and promote clarity.
If your lease currently includes or contemplates electronic notice, or if you are unsure how this law may impact your rights or responsibilities, contact our office. We are here to help ensure you remain compliant (and protected) as the law evolves.
