A bill introduced in the Michigan legislature in January, HB 4038, would allow landlords to serve eviction notices via email if authorized in a written agreement.
The current rule allows eviction notices to be served via personal service to the person in possession or to a member of household or an employee. First-class mail is also an allowable method of service. The written agreement, if accepted by tenants, would allow landlords to serve them eviction notices electronically. However, the bill would prohibit landlords from refusing to enter into leases with tenants who don’t agree to receive electronic eviction notices.
E-service has been a highly debated topic which has seen more discussion in recent years as courts have agreed to various forms of e-service, including via email, Facebook and Twitter. If other states were to follow Michigan’s example, private process servers wouldn’t be affected in every state. For example, in New Jersey only the Sheriffs are allowed to serve evictions notices. Yet while this wouldn’t directly impact private process servers in New Jersey, there are still implications for what such a ruling might mean for the future and prevalence of e-service.
Click here to read a full copy of the bill.