Is Texting Legal?
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Is Texting Legal? (by Joanie [AZ]) Apr 17, 2019 6:25 AM
       Is Texting Legal? (by David [MI]) Apr 17, 2019 6:33 AM
       Is Texting Legal? (by BRAD 20,000 [IN]) Apr 17, 2019 6:47 AM
       Is Texting Legal? (by David [MI]) Apr 17, 2019 6:47 AM
       Is Texting Legal? (by Busy [WI]) Apr 17, 2019 6:52 AM
       Is Texting Legal? (by John... [MI]) Apr 17, 2019 6:54 AM
       Is Texting Legal? (by Busy [WI]) Apr 17, 2019 7:00 AM
       Is Texting Legal? (by myob [GA]) Apr 17, 2019 7:08 AM
       Is Texting Legal? (by Busy [WI]) Apr 17, 2019 7:38 AM
       Is Texting Legal? (by David [MI]) Apr 17, 2019 7:42 AM
       Is Texting Legal? (by myob [GA]) Apr 17, 2019 7:44 AM
       Is Texting Legal? (by Lynx [GA]) Apr 17, 2019 8:01 AM
       Is Texting Legal? (by DJ [VA]) Apr 17, 2019 8:52 AM
       Is Texting Legal? (by Robert J [CA]) Apr 17, 2019 12:37 PM
       Is Texting Legal? (by Still Learning [NH]) Apr 17, 2019 1:35 PM
       Is Texting Legal? (by Joe [CA]) Apr 17, 2019 4:52 PM
       Is Texting Legal? (by Vee [OH]) Apr 18, 2019 9:37 AM
       Is Texting Legal? (by Jason [VA]) Apr 19, 2019 5:03 AM

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Is Texting Legal? (by Joanie [AZ]) Posted on: Apr 17, 2019 6:25 AM
Message:

State Specific Question About: ARIZONA (AZ)

Is texting considered legal instead of email or paper to a tenant? --75.167.xxx.xxx




Is Texting Legal? (by David [MI]) Posted on: Apr 17, 2019 6:33 AM
Message:

even if it was, texting is still unreliable and i would not rely on it for pay or quit notices and 30 day notices. I always send mine with a Certificate of Mailing, $1.45. --144.250.xx.xx




Is Texting Legal? (by BRAD 20,000 [IN]) Posted on: Apr 17, 2019 6:47 AM
Message:

Joanie,

MY court allows it as a form of written communication, esp if the resident replies.

So close impt texts with ‘Please reply’.

In real life the goal of communicating is to get results. When we send our 3 day pay or vacate text - they pay. No need to prove anything else. Done!

BRAD --73.102.xxx.xxx




Is Texting Legal? (by David [MI]) Posted on: Apr 17, 2019 6:47 AM
Message:

tenants can easily change their phone number. The address of the rental always stays the same! --144.250.xx.xx




Is Texting Legal? (by Busy [WI]) Posted on: Apr 17, 2019 6:52 AM
Message:

In my state yes. I prefer text over phone calls because cell phones cut out, my hearing is sometimes unreliable, lol! I do all of my Notice to enter premises by text, tenants text me about repair requests.

I use paper notices for the very few times I have to post P or Q, or Notice to Vacate. Poor Q I just tape to the side or back door. A Notice to Vacate get taped to door AND certified mail. Haven’t had to do that but once so far. --70.92.xxx.xxx




Is Texting Legal? (by John... [MI]) Posted on: Apr 17, 2019 6:54 AM
Message:

So, since you mentioned it, is EMAIL even legal notice in your state?

In any case, Brad said it best: what does your local judge say? Unfortunately, it often comes down to that.

- John...

--24.180.xxx.xxx




Is Texting Legal? (by Busy [WI]) Posted on: Apr 17, 2019 7:00 AM
Message:

Getting a response back from tenant ( or landlord) is important. I had one instance where tenant ‘went quiet’ . Tenant then asked if I had been coming in to her house unannounced. I printed the texts out to show her I was letting her know. Turns out, she changed from the same brand of phone I had, to a different phone, but kept the same number. I had to do a bit of research to figure out how to get my phone to stop using the old means of sending the text, as she wasn’t getting them. Now, all of that is waaaaaay beyond the amount of time I want to spend getting technology to work for the benefit of the business. Blech!

So, I ask my tenants to give a quick reply when I text that I am coming over for maintenance. And I give a response whenever they text me. --70.92.xxx.xxx




Is Texting Legal? (by myob [GA]) Posted on: Apr 17, 2019 7:08 AM
Message:

My lease says all correspondence by US mail. Period end of story.

This texting and email is OK for some teen dating but never for "LL business". They don't call it a paper trail for nothing???? --99.103.xxx.xxx




Is Texting Legal? (by Busy [WI]) Posted on: Apr 17, 2019 7:38 AM
Message:

MYOB, that is fine , IF you have good mail service in your area. My area? Way too unreliable. But, we have had great service elsewhere in the country, so, I can see why some could rely on that.

Btw, I have to mention it in my rental agreement, in my state, if I recall. So, Joanie, follow John and Brad’s advice, find out what the local judges require. You might want to join the local apartment/ landlord association, and take any training classes they offer. Also, see if your city offers landlord training classes. Mine offers them for free. Useful information in those classes.

I have had text failures, USPS failures, phone call failures, so I like to cover the bases. If it’s important, then send the message several ways, if needed. And be sure to train tenants to give a response by giving responses yourself. --70.92.xxx.xxx




Is Texting Legal? (by David [MI]) Posted on: Apr 17, 2019 7:42 AM
Message:

Busy, for a LL sending a notice TO the tenant (non-payment of rent etc), having getting a certificate from the PO that you have MAILED the notice almost always will suffice, whether or not the tenant CLAIMS to have received. No such thing for text or phone. --144.250.xx.xx




Is Texting Legal? (by myob [GA]) Posted on: Apr 17, 2019 7:44 AM
Message:

Busy we have a process that's tried and true. Mail is iffy but we always get it. When it's something really important we send next day signed receipt-- 24.00 but ya know it's gonna get there. Once you start taking notices or whatever outside of what your agreement specifies-- well now your sunk-- you can't come back and say I don't accept text your honor if in fact you've done it before.

Busy not saying your wrong in your thinking by ay means-- all have to do what's good for them. My take is find something and stick with it. --99.103.xxx.xxx




Is Texting Legal? (by Lynx [GA]) Posted on: Apr 17, 2019 8:01 AM
Message:

I can sleep well at night with wild gyrations in the stock market, because in time your money almost inevitably comes back. But I prefer full replacement coverage on my houses. They don't regrow by themselves. In fact, they deteriorate further if not fixed. I've tried high deductibles on my properties. They make me a bit nervous, because I don't like writing big checks on something I've paid insurance to cover. A $1,000 deductible is my sweet spot. I don't feel cheated writing a no-big-deal $1K check. Others' sweet sleeping spot will be different. To each his own. --99.122.xx.xxx




Is Texting Legal? (by DJ [VA]) Posted on: Apr 17, 2019 8:52 AM
Message:

Bottom line : Check your state's laws - upper left area of this page, bluish letters.

In VA, electronic communication is admissible, but you need to know AZ law. Print it, read it, study it, apply it.

--68.10.xxx.x




Is Texting Legal? (by Robert J [CA]) Posted on: Apr 17, 2019 12:37 PM
Message:

For tenant repairs, I can relay on texting for confirmation that I can enter to effect a repair. I also can text'ed a message that "rent" is late and the tenant can respond that way.

But for PROOF IN COURT, I MUST issues the correct notice filled our correctly. 3-day notice to pay or quit. Notice or Violation of the lease. These are required to proceed in court. --47.156.xx.xx




Is Texting Legal? (by Still Learning [NH]) Posted on: Apr 17, 2019 1:35 PM
Message:

Just heard on the radio today NH courts have been testing using text and I think it said the rates of people showing up for court are up about 40%. --107.77.xx.xxx




Is Texting Legal? (by Joe [CA]) Posted on: Apr 17, 2019 4:52 PM
Message:

Our Judges in my county do not allow submitting your phone as evidence. What I do is I take pictures of all the texts and then print them out and put them in my binder for the tenant and judge to see. My printed text messages have helped me a great deal, especially to disprove the tenants legal answers to my evictions, lying and saying the house is uninhabitable, and the judge looks and says Mr. Tenant, in all of these 160+ texts you made no mention of any of these alleged problems? Case closed. --76.105.x.xxx




Is Texting Legal? (by Vee [OH]) Posted on: Apr 18, 2019 9:37 AM
Message:

Here it is allowed but you must leave the devices until the appeal period has expired, normally about 6 weeks - the quick answer is no - use the paper trail. --76.188.xxx.xx




Is Texting Legal? (by Jason [VA]) Posted on: Apr 19, 2019 5:03 AM
Message:

Regarding eviction proceedings in VA, my local court won’t even allow me to FILE an unlawful detainer unless I provide them with a copy of the Pay or Quit, along with proof of service (a certificate of mailing). --73.177.xxx.xx



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