CSG FLORIDA LEGAL AUTHORITY
What Florida Statute § 83.505 Means in 2026
Written by Joseph Spiriti, Esq.
Florida residential landlords and tenants can now use e-mail for notices required by Florida’s Residential Landlord and Tenant Act—but only when the statutory requirements are satisfied. Florida Statute § 83.505 does not simply say that an ordinary e-mail is always good enough. It creates a voluntary framework that depends on a signed rental-agreement addendum, designated e-mail addresses, recordkeeping, and rules governing delivery, revocation, and address changes.
For decades, Florida landlord-tenant practice has been built around formal notice requirements. A notice may start or preserve an important legal deadline, and the method of delivery can become just as important as the words in the notice.
Effective July 1, 2025, Florida law added a significant modern option. Section 83.505 allows a landlord or tenant to electronically deliver by e-mail notices required under Part II of Chapter 83 when the parties have properly elected electronic delivery. The change can make residential leasing more efficient, but it also creates a new compliance question: when does an e-mail actually qualify as statutory delivery?
KEY TAKEAWAY
E-mail is not automatically a substitute for every traditional delivery method. To use § 83.505, the parties must sign an addendum specifically agreeing to electronic delivery, each must provide a valid e-mail address, and the addendum must conspicuously explain that the election is voluntary and may be revoked or updated. A compliant e-mail notice is generally deemed delivered when sent unless it is returned as undeliverable.
A Text Message or Ordinary E-mail Habit Is Not the Statutory Election
Many landlords and tenants already communicate by e-mail, text message, resident portals, or property-management applications. That history should not be confused with the statutory election. Section 83.505 requires the parties to sign an addendum to the rental agreement specifically agreeing to electronic delivery of notices and to provide valid designated e-mail addresses. The addendum must conspicuously advise both sides that the election is voluntary and may later be revoked or the address updated.
The Election Is Voluntary
Neither side is required by § 83.505 to agree to electronic delivery. The statutory form expressly provides an opportunity to agree or decline. If the statutory arrangement is not in place, the parties should continue using delivery methods otherwise authorized by the applicable law.
When Is an E-mailed Notice Delivered?
A notice electronically delivered in accordance with § 83.505 is deemed delivered at the time it is sent unless the e-mail is returned to the sender as undeliverable. Because Chapter 83 contains time-sensitive notices, the date and time of transmission can become important evidence.
The Sender Has a Recordkeeping Duty
The statute requires the sender to maintain a copy of the electronically sent notice and evidence of transmission. A sound property-management procedure should preserve the actual notice, designated recipient address, transmission date and time, and evidence showing that it was sent.
What If the E-mail Bounces?
The delivered-when-sent rule does not apply if the e-mail is returned as undeliverable. Landlords and tenants relying on electronic statutory notice should therefore monitor the sending account and act promptly when a message is rejected or returned.
Changing the Designated E-mail Address
A party may update the designated e-mail address at any time by providing written notice to the other party specifying the new address. The update takes effect upon delivery of that written notice. Accurate records are therefore essential.
Revoking Consent
A party may revoke the agreement to electronic delivery at any time by written notice to the other party. Revocation becomes effective upon delivery and does not invalidate notices properly sent electronically before the revocation became effective.
Security Deposits Show Why the Details Matter
Section 83.49 now recognizes e-mail in accordance with § 83.505 for specified security-deposit notices. If a landlord does not intend to impose a claim on a residential security deposit, the deposit generally must be returned with any required interest within 15 days after termination. If the landlord intends to impose a claim, the required notice generally must be provided within 30 days after termination. Current law permits that notice by certified mail or by e-mail in accordance with § 83.505. The tenant generally has 15 days after receipt to object in writing.
Because these deadlines affect important rights, a defective electronic-delivery procedure can create litigation over whether notice was valid and when it was delivered.
E-mail Does Not Eliminate Other Permitted Methods
Section 83.505 expressly states that it does not preclude service of notices by other means permitted by law. Electronic delivery is an option, not an exclusive system. The safest method depends on the particular notice, statute, lease, parties’ elections, and circumstances.
Practical Checklist for Florida Landlords
Before relying on e-mail, confirm the parties signed a § 83.505 addendum substantially following the statutory form; both sides provided valid designated addresses; the election has not been revoked; no later written notice changed the address; the underlying notice itself satisfies Chapter 83; the message goes to the correct address; the notice and transmission evidence are preserved; and the sending account is monitored for an undeliverable return.
Practical Checklist for Florida Tenants
A designated e-mail address can become the destination for time-sensitive legal notices. Tenants should use an account they monitor regularly, maintain access, promptly provide written notice of any address change, and retain evidence of any revocation. Tenants sending statutory notices electronically should preserve the notice and transmission evidence as well.
Why This Change Matters in 2026
Chapter 2025-16, Laws of Florida, which created § 83.505, took effect July 1, 2025. By 2026, landlords, tenants, lawyers, and property managers should be incorporating the electronic-notice option into current forms and procedures rather than relying on older assumptions about Chapter 83.
The change is convenient, but convenience should not be confused with informality. The Legislature created a structured system with a prescribed election, designated addresses, revocation rights, an undeliverable-message exception, and recordkeeping requirements.
The Bottom Line
Florida law now gives residential landlords and tenants a useful option for delivering notices by e-mail. When properly implemented, § 83.505 can reduce delays and create a clear electronic record. But the parties need the proper signed addendum and designated addresses, consent remains voluntary and revocable, the sender must preserve the notice and transmission evidence, and an e-mail returned as undeliverable does not receive the statute’s delivered-when-sent treatment.
At Caserta & Spiriti, PLLC, we assist Florida landlords, tenants, property owners, and businesses with lease preparation and review, statutory notices, security-deposit disputes, evictions, real estate contracts, and related property matters.
Disclaimer: This article is provided for general informational and educational purposes only and is not legal advice. Reading this article or receiving this e-mail does not create an attorney-client relationship. Florida landlord-tenant rights are fact-specific.