LANDLORD/TENANT NOTICES IN THE DIGITAL AGE

In an era dominated by smartphones, instant messaging, and digital convenience, Washington State’s House Bill 1003 (HB 1003) feels like a legislative relic. Taking effect on July 27, 2025, the law mandates that landlords must serve various notices via USPS Certified Mail if personal service is not possible. While the intent behind HB 1003 was to provide an out-of-county backup mailing option, the bill misses the mark by applying this method as a statewide requirement in all cases, and just as importantly by ignoring the communication preferences of the very people it aims to protect: tenants.

The Burden of Certified Mail

• Delayed Communication: Certified mail can take several days to arrive, especially in rural areas. Tenants may not receive critical notices in time to respond or comply.
• Missed Deliveries: If a tenant is not home to receive the mail, the delivery may be delayed further.
  
• Cost and Complexity: Certified mail is more expensive and logistically cumbersome than digital alternatives. For landlords managing multiple properties, this adds up quickly.

Tenants Prefer Digital Communication

The most glaring flaw in HB 1003 is its failure to acknowledge the digital habits of today’s renters. According to Pew Research, over 97% of Americans own a cellphone, and more than 85% use email daily. For most tenants, electronic communication is not just preferred; it’s expected. Research conducted earlier this year among our portfolio at Lori Gill & Associates came back with a resounding 97% of tenants preferring digital notices rather than formal service. Similar statewide research conducted by NARPM found that 86% of tenants prefer electronic notices.

• Speed: Emails and text messages are delivered instantly, allowing tenants to respond quickly and avoid misunderstandings.
• Accessibility: Tenants can access digital notices from anywhere, whether they’re traveling, at work, or temporarily staying elsewhere. 
• Documentation: Digital correspondence creates a searchable, timestamped record that can be used in legal proceedings—just like certified mail.

In fact, many tenants report feeling more secure when notices are sent electronically, as they can verify receipt and maintain a clear communication trail. Certified mail, by contrast, often feels impersonal and intimidating (not to mention the precursor step of formal service when a stranger is knocking on the door!).

The Human Cost of Bureaucracy

HB 1003’s rigid requirements may inadvertently harm the very people it seeks to protect. Consider the following scenarios:

• A tenant who travels frequently misses a certified mail delivery and is unaware of a termination notice until eviction proceedings begin.
• A housing provider sends a notice via certified mail, but due to postal delays, the tenant receives it too late to comply—triggering legal action.
• A tenant who has opted into electronic communication with their landlord is still forced to rely on outdated mail systems due to legal mandates.

These situations are not hypothetical—they’re increasingly common. And they highlight a troubling disconnect between policy and lived experience.

Legal Accountability Doesn’t Require Paper

Supporters of HB 1003 argue that certified mail provides legal proof of service, which is essential in eviction cases, and apply that same standard to other types of notices, such as rent increases. But digital platforms now offer comparable—if not superior—levels of accountability:

• Email Read Receipts: Many email services provide confirmation when a message is opened.
• E-signatures: Platforms like DocuSign allow tenants to acknowledge receipt and agreement with legal documents.
• Secure Portals: Property management systems offer secure messaging and document delivery with audit trails.

Courts across the country are increasingly accepting digital evidence in legal disputes. Washington should not lag behind.

A Call for Reform

Rather than clinging to outdated methods, Washington lawmakers should embrace a more flexible, tenant-centered approach. Here’s what reform could look like:

1. Digital Opt-In: Allow tenants to opt into electronic service of notices. If they still prefer a more formal method of delivery, they remain entitled to it.
2. Fix The Mistake: Only require certified, as opposed to standard, when mailing from out of the county. This was the original intent of HB 1003, before it got lost in the shuffle during a legislative session obsessively focused on Rent Control.

These changes would preserve legal integrity while respecting tenant preferences and modern realities.

The Risk of Inaction

If HB 1003 remains unchanged, Washington risks creating a system that is both inefficient and inequitable. Tenants may face unnecessary stress and legal jeopardy, while landlords struggle with compliance and rising costs. Worse, the law may erode trust between renters and housing providers—at a time when housing stability is more critical than ever.

CONCLUSION: Repeal HB 1003 and Embrace the Future

It’s time to move beyond certified mail and embrace communication that works—for everyone. There is a bit of light at the end of this tunnel. In July, I held a meeting (conveniently on Zoom) with a handful of State Representatives to flesh out these concerns and ideas for reform. I gathered that the version of HB 1003 passed in 2025 was not exactly what they intended, and the certified mail piece was supposed to be intended as an out-of-county backup option. OOPS! Everyone was so hyper-focused on Rent Control that this slipped through the cracks. I walked away from that meeting with a reasonably good feeling that HB 1003 reform will be prefiled for 2026 and be given priority status by the House Housing Committee. I am very much looking forward to a new age of tenants having the choice to opt in to the receipt of such notices starting in 2026. I invite anyone who feels the same way to keep in touch with their local representatives to continue pushing for this very important reform.

Cory Brewer is the VP of Residential Operations at Lori Gill & Associates Property Management. His firm oversees management of over 2,000 residential rental homes throughout the Greater Seattle Area. He may be contacted via wpme@windermere.com. Visit their website www.wpmnorthwest.com.

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