How do you legally serve a notice to a tenant, and does email count?
Each state lists the ways a landlord notice can be delivered, and a notice delivered any other way can fail in court. Hand delivery works almost everywhere; mail and posting work with conditions; and email counts only where the statute allows it. Florida and Oregon allow email for notices only after both sides sign a specific addendum, while Washington and New York do not list email for the notices that lead to eviction.
Delivery methods by state
| State | Methods the statute lists | Mail adds time? | |
|---|---|---|---|
| Florida (83.56(4)) | Mail, hand delivery, or leaving a copy at the residence if the tenant is absent | Yes, with a signed addendum under 83.505 | Not stated in 83.56 |
| Oregon (90.155) | Personal delivery, first-class mail, or mail plus attachment to the door if the lease provides for it both ways | Yes, with an addendum signed after move-in; a termination notice must also go by first-class mail | Yes, 3 days |
| Washington (59.12.040) | Personal delivery; if absent, a person of suitable age plus mail; otherwise posting plus mail | Not listed | Yes, 5 days before filing |
| New York (RPAPL 711, 735) | Personal delivery; a person of suitable age plus two mailings; otherwise posting plus two mailings | Not listed | Mailings by certified or registered and first-class mail within one day |
Sources: Florida 83.56 and 83.505, Oregon ORS chapter 90, Washington RCW 59.12.040, New York RPAPL 711 and 735. New York's 14-day rent demand must be served the way section 735 describes.
When email counts
Florida
Section 83.505 lets either side deliver notices by email if both signed an addendum agreeing to it, each gave a valid address, and the addendum states clearly that the choice is voluntary and can be revoked or updated at any time. The statute prints the addendum's wording. An emailed notice counts as delivered when sent unless it bounces, and the sender must keep a copy and proof that it was sent. Either side may revoke the agreement by written notice.
Oregon
ORS 90.155 allows email only under a written addendum that names both email addresses, is signed after the tenancy begins and the tenant has moved in, lets either side stop or change it on three days' written notice, and carries a printed warning in the form the statute gives. Even then, a notice that ends the tenancy must be sent by both first-class mail and email.
Everywhere else, treat email as a courtesy copy sent alongside a method the statute lists, not as the delivery itself.
Counting the days
The notice period starts from delivery, and each state counts differently. Oregon counts consecutive calendar days, not counting the day of service, and adds 3 days when you serve by mail alone. Washington allows 5 extra days before you may file a case based on a mailed notice. Florida's 3-day rent notice leaves out weekends and court holidays.
Example a made-up Oregon owner sends a 30-day notice by first-class mail only, on Monday, March 1. Mail adds 3 days, so the notice must allow 33 days, and the earliest termination date it can name is April 3. Had the owner handed it to the tenant on March 1, the earliest date would be March 31.
What proof to keep
- A copy of the exact notice served, dated.
- Who served it, how, where, and the date and time.
- For posting: a photo of the notice on the door, with the unit number visible.
- For mail: the postal receipt, and for certified mail the tracking record.
- For email under an addendum: the signed addendum, the sent message with the attachment, and proof it did not bounce.
- Washington and New York prove service by affidavit; keep a signed statement from whoever served it.
A defective notice usually means starting over, which costs more time than serving it right. For rent notices in particular, see the pay or quit notice.
Notices and email in DoorKeeping
DoorKeeping emails tenants and keeps a record of every message with the property, and leases, including an email-notice addendum where your state allows one, go out for e-signature. A legal notice waits for your one-tap approval. Where your state requires hand delivery, mail or posting, do that too and keep the proof in the unit's documents. DoorKeeping gives no legal advice.
Sources
- Florida Statutes 83.56, Termination of rental agreement, read Oct 30, 2026
- Florida Statutes 83.505, Electronic delivery of notices, read Oct 30, 2026
- Oregon Revised Statutes chapter 90 (ORS 90.155, 90.160), read Oct 30, 2026
- Washington RCW 59.12.040, Service of notice, proof of service, read Oct 30, 2026
- New York RPAPL 711, Grounds where landlord-tenant relationship exists, read Oct 30, 2026
- New York RPAPL 735, Manner of service; filing; when service complete, read Oct 30, 2026
Questions
- Can a landlord text or email an eviction notice?
- Only where the statute allows it. Florida and Oregon allow email after a signed email-notice addendum, and Oregon also requires first-class mail for a termination notice. Washington and New York do not list email.
- Is taping a notice to the door enough?
- Usually not by itself. Washington and New York allow posting only when personal delivery fails, plus mailing. Oregon allows door attachment with mail only if the lease provides for it.
- Does certified mail count as service?
- It depends on the state. New York uses certified or registered mail plus first-class mail after substituted service or posting. Oregon lists first-class mail and adds 3 days.