Does an email count as "In writing"?

Question

After a year of living in a rented home (Northern California) our landlord offered us new terms in an email: That he is going to raise our rent $300 a month in a non rent control area. Not happy but not wanting to move we accepted in person as well as to the email. Couple of days later he sent another email with less then a month notice to vacate when our lease ended. Turns out someone offered more money. Our lease says tenant must vacate at end of lease unless it is extended in writing or signed a new agreement.

I believe that offered in email with acceptance perfects the deal.

Anyone with any experience on this?

Answer 1

in writing is a statement written and signed by you. an e mail is a message transmitted by an electronic device. you really need to go into housing court and explain this to a judge or mediator. your landlord has to offer you a lease renewal before he can order you to vacate. the lease is offered usually a month before the current lease is to expire.

Answer 2

no signature, no deal.. :)  There's a reason you signed the lease originally, so the emails set out the terms but you didn't finalize it with a proper written agreement signed by both.

Answer 3

OK.  Everyone above has mentioned "Statute of Frauds."  Everyone is correct when they say that the statute of frauds requires contracts for an interest in real estate must be evidenced by a signed writing to be enforceable.

But, "signed" does not necessarily mean a handwritten signature.  "Signed," for purposes of the statute of frauds, means simply any marking made with the intent to authenticate the writing.  So, courts routinely consider initals, stamps, seals, and typewritten names to be "signatures," if made with the intent of authenticating the document.

What helps you out in this situation is that California has a statute that addresses purported contracts in e-mails.  The statute says that a contract cannot be denied legal enforcement simply because it is in electronic form.

The text of the e-mail must still meet the requirements of a contractual offer.  (Impossible to determine this without seeing the e-mail.)  And, it must contain some sort of symbol or inscription made by the landlord with the intent of "authenticating" the e-mail as being a contractual offer.  His typewritten name at the end of the e-mail may be sufficient.  His name at the beginning is probably not sufficient.

What it means is this.  If you stay against the landlord's wishes, then he may (or may not) begin eviction proceedings.  You will then need to make a convincing argument to the judge that you had a valid lease agreement based on the e-mail exchange.  If the judge doesn't buy your argument, then you will be ordered evicted, and probably have a mark on your credit report.

So, do you feel lucky?  I suggest you talk to a lawyer, or, at the very least, see someone at a free legal clinic.  You can find one at your nearest law school.  They are usually eager to help out tenants.  Be sure to take your e-mail, and the citation to the statute below.

Answer 4

From a lawyer.  All agreements as to real estate must be in writing and signed by the parties which is the statute of frauds and applicable in every state. A non-real estate contract can be without signatures and even oral contracts.  

Answer 5

Yes. The email you received is a binding contract. Hope that you saved your acceptance response. Now you have to see what legal action you need to take - if any - to stay there. Seeing a lawyer might help and avoid court. A lot people don't understand that email is a binding contract just the same as if you put it in writing. People think that it is simply a form of communication, but it is not. It's a legal document.

EDIT: Roger, see an attorney in your area. I've had different experience in court than what answerer #1 has stated. But I can't say that he is incorrect because I am not a lawyer and am not versed in landlord / tenant law. I've been in court three times over emails. They all held, but they were not landlord / tennant.