Page 1 of 3 123 LastLast
Results 1 to 8 of 20
  1. #1
    hurlco's Avatar
    hurlco is offline Senior Member
    Join Date
    Jun 2010
    Posts
    618

    Default Can I send notices by fax or email?

    I have a customer that has rented a 10x30 and will be here a long time. He has asked me to not send any legal notices to him by mail if he becomes past due but only wants me to either send notices by fax or email. He says that his mail does not reach him since he is almost always out of town. I am in California and I am wondering if this would be legal?

  2. #2
    Gina6k's Avatar
    Gina6k is offline Moderator
    Join Date
    Apr 2008
    Location
    Morgan Hill, California
    Posts
    5,301

    Default Re: Can I send notices by fax or email?

    hurlco, I would offer to attempt (don't promise) to email/fax notices to him IN ADDITION to the mailed notices. The law is the law and with the mailing changes that took effect on January 1st, I wouldn't bend the rules for anyone!

    Also, ask your employer about their opinion on email/fax of info. Remember neither option is secure, encrypted or anything like that. Of course the US mail isn't truly secure either as someone can always open a letter. Inadvertently of course. His best bet is to go on autopay and never be late!
    Gina 6k
    CochraneStorage dot com
    Morgan Hill, California
    twitter.com/CochraneStorage

    You only live once, but if you do it right, once is enough!
    I am not an attorney, just an experienced manager who is willing to share what I have learned. Your thoughts, practices or opinions may vary and neither of us may be right.

  3. #3
    LLLVIS's Avatar
    LLLVIS is offline Senior Member
    Join Date
    Nov 2010
    Location
    Arlington, TX
    Posts
    571

    Default Re: Can I send notices by fax or email?

    If a tenant asked you to do something very not legal as a convenience to them, would you? Likely not! If he's not going to receive it as he says, then what does it matter? YOU still have to do it to protect yourself and satisfy legal requirements.

    I know here in Texas the TSSA (Texas Self Storage Association) is pushing for no longer needing to send things as certified mail, and trying get regular mail or even email as a legal option.

    For as much stuff can easily wind up in a 'junk' or 'spam' folder, while it would be far more convenient, I have my doubts!

    I second Gina6k' sidea of "in addition to" but that'd be about it. I'd still send the notice as the law says I have to.
    "I hate quotations. Tell me what you know." - Ralph Waldo Emerson

    http://larrylaunders.voice123.com/

  4. #4
    hurlco's Avatar
    hurlco is offline Senior Member
    Join Date
    Jun 2010
    Posts
    618

    Default Re: Can I send notices by fax or email?

    Gina and ELLVIS, I appreciate your responses, but my question was, Is it legal to send notices via fax or email in California? I really want to accommodate this customer if possible. Can a tenant agree to waive the statutes and allow me to use email or fax instead? Has anyone else done this?

  5. #5
    Gina6k's Avatar
    Gina6k is offline Moderator
    Join Date
    Apr 2008
    Location
    Morgan Hill, California
    Posts
    5,301

    Default Re: Can I send notices by fax or email?

    Granted my legal knowledge is limited, but no one can waive off requirements of any law, so in my layman's opinion the simple answer is no. The law doesn't designate any acceptable electronic delivery methods of the required legal notices.

    Side note: Never once when I've bent over totally backwards to a request out of normal practices, policies etc did it not come back to bite me in the backside. Sometimes customer service means having to tell a customer; "Sorry, no can do."
    Gina 6k
    CochraneStorage dot com
    Morgan Hill, California
    twitter.com/CochraneStorage

    You only live once, but if you do it right, once is enough!
    I am not an attorney, just an experienced manager who is willing to share what I have learned. Your thoughts, practices or opinions may vary and neither of us may be right.

  6. #6
    Pegasus is offline Member
    Join Date
    Oct 2010
    Posts
    70

    Default Re: Can I send notices by fax or email?

    In my humble opinion Hurlco, you can accommodate this customer quite easily. Tenants can agree to waive statuatory protections and requirements via writing and mutual agreement of the parties. As a matter of fact, this is done all the time in the business. For example, when a tenant decides to simply give the facility the contents of their space, they are waiving the requirement that the facility follow the lien statutes in their respective state so that their credit rating not be affected. Tenants routinely agree that the acceptance of a partial payment will not stop the foreclosure process, once again, a voluntary waiver of their rights to have the facility follow the statutes. In many States, tenants waive their right to a jury trial, although this has changed in states like California.

    If you create a mutual understanding between the tenant and the facility and reduce your understanding to writing, you can create a legal protection for you as well as the tenant. Landlord and tenant law, especially in commercial real estate, is replete with contractural language that defines how parties will communicate. As a matter of fact, may courts no longer prefer mailing but rather the on-line filing of documents, motions, discovery, etc.

    By all means, consult your lawyer for advice.

  7. #7
    Gina6k's Avatar
    Gina6k is offline Moderator
    Join Date
    Apr 2008
    Location
    Morgan Hill, California
    Posts
    5,301

    Default Re: Can I send notices by fax or email?

    Pegasus, I understand your points and they are quite valid. However, in California if I'm understanding you correctly, we are not covered under Landlord/tenant laws and aren't afforded some of the same protections you can use under commercial real estate transactions, but rather by CA Business and Professions Code and the CA State Lien Law.

    Yes, there is a partial payment agreement an attorney can draft up but my main point was, hurlco can offer to send notices via electronic means, but stick to the lien laws as well. If someone is requesting something too out of the norm, there's usually a reason and for the facility it usually doesn't bode well. Even the couple of times I had to send off notices to my tenants that are overseas they receive the notices per CA Lien Law. It just takes a few more cents worth of postage.

    There is an additional aside here; if hurlco chooses to accommodate this one tenant in this manner, just as photocopying the driver's license or taking fingerprints, if you do it for one, wouldn't you also have to offer it to all tenants?

    No matter what its agreed, hurlco should always consult with ownership & the facility attorney before doing anything out of the norm of S.O.P.
    Gina 6k
    CochraneStorage dot com
    Morgan Hill, California
    twitter.com/CochraneStorage

    You only live once, but if you do it right, once is enough!
    I am not an attorney, just an experienced manager who is willing to share what I have learned. Your thoughts, practices or opinions may vary and neither of us may be right.

  8. #8
    Pegasus is offline Member
    Join Date
    Oct 2010
    Posts
    70

    Default Re: Can I send notices by fax or email?

    Quote Originally Posted by Gina6k View Post
    Pegasus, I understand your points and they are quite valid. However, in California if I'm understanding you correctly, we are not covered under Landlord/tenant laws and aren't afforded some of the same protections you can use under commercial real estate transactions, but rather by CA Business and Professions Code and the CA State Lien Law.

    Yes, there is a partial payment agreement an attorney can draft up but my main point was, hurlco can offer to send notices via electronic means, but stick to the lien laws as well. If someone is requesting something too out of the norm, there's usually a reason and for the facility it usually doesn't bode well. Even the couple of times I had to send off notices to my tenants that are overseas they receive the notices per CA Lien Law. It just takes a few more cents worth of postage.

    There is an additional aside here; if hurlco chooses to accommodate this one tenant in this manner, just as photocopying the driver's license or taking fingerprints, if you do it for one, wouldn't you also have to offer it to all tenants?

    No matter what its agreed, hurlco should always consult with ownership & the facility attorney before doing anything out of the norm of S.O.P.
    I am not disagreeing with you Gina6K, however, this one particular tenant has made a specific request that Hurlco can easily accommodate for specific business reasons. Hurlco can also make exceptions, just as we all can, given specific fact patterns. As for tenant and landlord laws, my point was that these laws are instructive, not dispositive, rather they serve as guidelines. In commercial real estate, reaching a specific solution for communication is rather routine, i.e., agreeing to communicate via email rather than snail mail is commonplace.

    I also reject the notion that if an accommodation is made for one then that same accommodation must be made for all. Accommodations are made for the requested exceptions rather than the mainstream. We all make accommodations for individual tenants that we like, yet, we reject making that same accommodation for everyone, after all, we are all humans. Otherwise, we would accept partial payments from everyone, give more time to pay to everyone, waive fees for everyone, etc.

    Hurlco's thread speaks to the much greater issue of "Should we make exceptions?" when asked to do so. If this fair? Should we accommodate? If not, why?

 

 
Page 1 of 3 123 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •