ways notices are served

Change the Way Notices are Served on Commercial Tenants

A landlord in the commercial retail space wanted to serve the tenant with a notice of change of new management by email. The lease, however, said that notices had to be sent by certified mail. So going forward, the landlord wants to change the way notices to be sent to the tenant. If a landlord in a commercial property wants to serve the tenant with a notice, whether it be for eviction or any other notice, the lease should state how they should be sent to the tenant. The lease should also indicate that the landlord has the right to change the way notices are served on tenants. The landlord can include that service of a notice by email is sufficient. And the email address to be used should also be indicated. This landlord may have to serve the tenant with the notice of change of management by certified mail. But can also send in the notice that the landlord is changing the way the tenant will receive notices. A safer bet for the landlord would be for the tenant to sign off on acknowledging the new method of service.

What if the lease does not say anything about changing the method of service? For a commercial space, the safer method, in that case, would be to make a lease addendum that changes the way notices are sent to the tenant. That would, of course, require the tenant’s consent.

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