As a general rule, you can`t terminate your lease orally, but we`ve always included the example (to show how inappropriate it is). In the event of oral termination, neither party can prove that the tenant has terminated the tenancy agreement. As mentioned above, it is an obligation for the sender (tenant) to prove that the lessor has received the termination and, in this case, it cannot be proven. Unlike a digital signature that uses encryption to prohibit the publication of the document, an electronic signature is only a mark on the document that indicates the intention of a party to execute the agreement. This means that in most contracts created under California law, if there was a meeting of minds on the treaty and a party wrote its name to the agreement it intended to sign, they would probably be bound by the treaty. Unfortunately, there is no direct answer to this question. Essentially, the validity of text messages depends on whether they are considered a written notification or not. In practical terms, this depends on the contractual terms between the landlord and the tenant. Some contracts may require tenants to receive notifications in the mail, in which case any form of electronic communication would not be considered a valid form of notification. However, in many cases, text messages are considered valid.
Because text messages are physically written by a party, there are a few questions that can help determine the validity of text message notifications. For example, New rules for digital communication have come into force from 01.01.2018, but the rules will apply from 01.01.2019. That`s why we make the difference between the two dates. From 01.01.2019, all leases will be applicable under these rules for digital communication, whether or not they have been entered into the lease. Overall, text messages may or may not be considered legally valid depending on the terms of certain contracts. If the conditions of the communications considered written are not specified, the next logical step is to check the communication history – in particular which channels of communication have been used so far – and to assess the details of the situation. This judgment specifies that text messages can be considered legally enforceable as long as they meet the requirements for a bilateral offer, counterparty, capacity and acceptance contract. The Massachusetts Regional Court`s ruling also indicated that these contracts could replace the written contracts on paper and ink, imposed by the Fraud Act, which is enforced by many states.