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Until the matter has been conclusively determined by a court, it will be safer to use a printed hard copy of a section 21 notice. However, it is likely that a text message or email would also meet the requirement for a notice to be in writing.

Texting has become so common in real estate transactions. Clients text their agents, and agents text each other regarding showings and offers. What no one really thinks about are those text messages creating binding contracts. According to a recent court case, text messages can be legally binding in real estate deals.

The law in NSW allows for an electronic contract. So, a text message may in principle amount to a contract. The law allows for an electronic signature and there is case law that merely typing your name amounts to a signature. It is therefore possible that an exchange of texts might amount to a binding contact.

Lease provisions are usually described as "boilerplate," since many leases use standard language. Boilerplate language in a lease may include the terms of the lease, payment dates, and late fees, among others. But unusual issues sometimes crop up.

Should you use a text message as a legal document? This ruling states that as long as text messages satisfy the necessary conditions required of a bilateral contract in offer, consideration, capacity, and acceptance, they can be considered legally enforceable.

A data message like an SMS has the same status in law as a letter or other real world medium of communication. Although there is nothing in law to prevent using SMS, we would recommend avoiding it for anything important, because of the problem of proving receipt.

Here are some of the most important items to cover in your lease or rental agreement.Names of all tenants.Limits on occupancy.Term of the tenancy.Rent.Deposits and fees.Repairs and maintenance.Entry to rental property.Restrictions on tenant illegal activity.More items...?