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bbwmom · Nov 12, 2011, 07:02 AM

Is a text a legal notice for a 5 day quit in the state of Virginia?

ballengerb1 · Nov 12, 2011, 07:09 AM

Nope, the notice must be served as a written document. Virginia Eviction

ScottGem · Nov 12, 2011, 07:10 AM

A text message on a phone would not be considered legal notice anywhere for anything. While certain e-mail can be considered legal documents, I don't know of any that can be used for service.

That being said, you can't ignore the notice and do have to act on it.

bbwmom · Nov 12, 2011, 07:25 AM

I tried to pay over half of it but he refused. This is for november's rent. The refusal is also in a text. I don't know if this has any bearing.

AK lawyer · Nov 12, 2011, 07:29 AM

Originally Posted by ballengerb1

Nope, the notice must be served as a written document. Virginia Eviction

I have never understood the reasoning that goes something to the effect that "e-mail or text messaging is not 'written'." I am of the opinion that a text message is written. The difficulty would possibly be in proving receipt.

Originally Posted by ScottGem

A text message on a phone would not be considered legal notice anywhere for anything. ...

Can you find Virginia authority for that proposition? I have to agree that the Virginia Residential Landlord and Tenant Act, section 55.248-4 does require registered or certified mail for delivery of written notice, but section 55.248-6 does provide for electronic mail if allowed by the terms of the lease.

So, back to BBWMOM, it's only legal if your lease (if you have one) provides for electronic mail.

ScottGem · Nov 12, 2011, 07:42 AM

Anything I can find specifies that legal documents must be written on paper. There is an exception that was passed during the Clinton Administration that addresses e-mail. But, as I recall, that had very specific guidelines.

Clearly the legislative and legal communities are behind in dealing with new technology.

ScottGem · Nov 12, 2011, 09:40 AM

Originally Posted by bbwmom

i tried to pay over half of it but he refused. this is for november's rent. the refusal is also in a text. i dont know if this has any bearing.

He has the right to not accept partial payment. But you need to tell him that a text is not legal notice. If you get a summons from the court you ask that it be set aside because you were not given legal notice.