Notices during the tenancy

General notices

Routine notices may be sent by post as a letter to the postal address used by the recipient.

Notices may be sent electronically under the following conditions:

• Notices may be sent electronically, for example by email, if the landlord and tenant have expressly agreed in writing to use electronic communication.
• The notice must be sent by post if the sender knows, or should have known, that the recipient is unable to use the agreed electronic communication channel, for example due to advanced age, disability or another comparable reason.

Examples of routine notices include

• a tenant’s notice to the landlord concerning a defect in the dwelling or the need for repairs
• a landlord’s notice of access to the dwelling, for example for an inspection or viewing
• a landlord’s notice of a rent increase
• a landlord’s notice of alterations or repairs.

The recipient is deemed to have received the notice

• on the seventh day after the notice was submitted to the postal service for delivery
• on the third day after the notice was sent, if an electronic communication channel agreed between the parties is used.

The notice is deemed to have been delivered if the letter is not returned to the sender. An electronic notice is deemed to have been delivered if, when the notice is sent, there is no clear indication that the recipient has not received it.

During the tenancy, the parties must notify each other without delay of any changes to their postal addresses or electronic contact details.

If several tenants are parties to the lease, it is sufficient to deliver the notice to one of the parties to the lease. For example, the landlord does not need to deliver the notice separately to every tenant. Delivering the notice to one tenant is sufficient, and that tenant is responsible for passing the information on to the other tenants.

Notices that must be served in a verifiable manner

Certain notices concerning significant matters cannot be sent by ordinary post or email but must be served in a verifiable manner. This applies to the following notices:

• notice of termination
• warning concerning the exercise of the right to revoke the lease
• notice of revocation
• a subtenant’s notice of continuation of the tenancy.

A notice may be served in a verifiable manner in several ways. The essential requirement is that the sender can demonstrate that the recipient actually received the notice.

Verifiable service may take place, for example,

• in accordance with the provisions governing the service of a summons
• by means of an acknowledgement of receipt by the recipient
• in the presence of a witness
• through an electronic procedure in which the recipient’s identification verifies receipt.

The use of two different electronic communication channels is considered equivalent to verifiable service:

• If the parties have agreed to use an electronic communication channel, such as email, during the tenancy, the actual notice or warning may be sent through that channel.
• In addition, a notification message informing the recipient that the notice has arrived must be sent through another electronic communication channel expressly agreed on in writing by the parties, such as by text message.
• Unless otherwise demonstrated, the recipient is deemed to have received the notice or warning on the third day after the notification message was sent.