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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
Even emails and text messaging can constitute a legally binding agreement! In fact, this document was never drafted (never mind signed), but the court confirmed that the parties intended to be bound by the terms which they informally negotiated and agreed in the emails.
Yes, emails and FB messages could be legally binding, it depends on whether the content of the messages make the arrangement clear, etc.
To date, few jurisdictions consider texting to be legal written notice, and none consider them to be legal documents. Meaning, it may occasionally be legally binding when a text accepts a formal written document. But the text itself cannot be the formal written document.
California's Statute of Frauds expressly excludes text messages and similar forms of electronic messages from those writings which may serve as evidence of an agreement. As a result, it's important that important agreements have formal contracts to back up their terms.
In simple terms, two people must reach an agreement between them. So, one email on its own can't be a legally binding contract. However, there's no reason why an exchange of emails can't contain all of these elements. Therefore, an exchange of emails can form a legally binding contract.
The controlling New York statute does not allow for a text message. It requires a written notice as well as 'service' in the same manner as an actual landlord and tenant lawsuit. It requires a one-month advance notice, where the New York City law requires a 30-day notice.
If your unit is not rent-controlled, the notice needs to be either 30 or 60 days and must mention that the tenancy will not be renewed. Second, the eviction notice must be served, or delivered, upon the tenant. Similarly, sending a text message is not proper service.
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