When obtaining an e-mail address from a customer, you are accepting the responsibility of using it. For example, you follow the letter of the lien laws to a T, send out the notices exactly as required, she never responds, some of the mail is returned, you sell her unit, she sues, saying she never received any notices. You say, "But, Judge, I sent notices exactly as the law requires and here's the proof." The person suing says, "Well, they sent me an e-mail when I was late, but I never received any other notices." The judge looks at the jury and he looks at you and says, "What! You had her e-mail address and you didn't even e-mail her to let her know you were selling all her personal property, including her children's pictures and her mother's ashes?!" Oooops.

Due to that kind of concern, and it only takes one time to screw up and not send the e-mail, we are no longer asking for e-mail addresses per our California attorney. The question has been removed from our new Rental Agreements.

Prior to our new procedures, I have used e-mail for all delinquent notices when we no longer had any other way of contacting a customer, and I found it to be a very good tool. However, you have to be careful what you say since this conversation is of a confidential nature. If you use it, keep your conversation within the wording of your regular notices.

Bottom line: I suggest that if you ask for a customer's e-mail address, you incorporate the use of it consistently in your all of your notices procedures. Also, the customer's file should be flagged to draw your attention to the fact that you correspond with them by e-mail, and then, never, never fail to do that.