CAN-SPAM for Landlords: Marketing Email Rules for Leads and Tenants
Which landlord and contractor emails CAN-SPAM covers, the seven requirements for marketing email, the opt-out deadline, and what counts as transactional.
By Seayora Editorial Team · Published · Facts checked · 3 min read
Short answer: CAN-SPAM covers any email whose primary purpose is advertising, including a vacancy announcement to past applicants or a promotion to tenants. Such an email needs accurate headers, an honest subject line, a clear statement that it is an ad, your postal address, and a working way to opt out that you honor within 10 business days. Messages about a deal the recipient has already agreed to, such as a rent receipt or a lease update, are transactional and exempt from most of the rules. Each violating email can cost up to $53,088.
Key takeaways
- CAN-SPAM applies to commercial email by its primary purpose, including business-to-business mail; it is not limited to bulk email.
- Every marketing email needs accurate headers, a truthful subject, an ad disclosure, a postal address and an opt-out.
- Opt-outs must be honored within 10 business days, and the mechanism must work for at least 30 days after sending.
- Rent receipts, lease changes and account notices are transactional or relationship messages and exempt from most rules.
- Hiring a vendor does not shift responsibility; both the advertiser and the sender can be liable.
Does CAN-SPAM apply to a landlord’s emails?
It applies to “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.” It is not limited to bulk mail and “makes no exception for business-to-business email,” so an email to past applicants about a new vacancy, or to owners about a management service, is covered. “Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $53,088” (FTC, CAN-SPAM Act: A Compliance Guide for Business). The rule itself is 16 CFR Part 316.
| Message | Type | What applies |
|---|---|---|
| New vacancy sent to past applicants | Commercial | All CAN-SPAM requirements |
| Promotion of a paid service to tenants or owners | Commercial | All CAN-SPAM requirements |
| Rent receipt or payment confirmation | Transactional or relationship | No false or misleading routing information; otherwise exempt from most rules |
| Notice of a change in lease or account terms | Transactional or relationship | Same as above |
| Periodic account balance statement | Transactional or relationship | Same as above |
What must a marketing email include?
- Accurate “From,” “To,” “Reply-To” and routing information that identifies who sent it.
- A subject line that accurately reflects the content.
- A clear and conspicuous disclosure that the message is an advertisement.
- Your valid physical postal address: a street address, a registered post office box or a registered private mailbox.
- A clear explanation of how to opt out, with a return email address or another easy online way to do it; you may offer a menu, but it must include stopping all marketing email.
Opt-outs have to be honored “within 10 business days,” and the opt-out mechanism “must be able to process opt-out requests for at least 30 days after you send your message.” You may not charge a fee, ask for personal information beyond an email address, or require more than a reply email or a visit to a single web page. Once someone opts out, you may not sell or transfer their address, except to a company helping you comply. And you cannot contract away responsibility: “Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible” (FTC compliance guide).
Which emails are transactional or relationship messages?
An email whose primary purpose is to facilitate, complete or confirm a transaction the recipient already agreed to; give warranty, recall, safety or security information; notify the recipient of a change in the terms or features of a membership, subscription, account or other ongoing relationship, or of a change in their standing; provide regular account balance information; provide employment information; or deliver goods or services already agreed to. These must not have false or misleading routing information but are otherwise exempt from most of the rules. The FTC warns that it reads these categories “narrowly,” and a message mixing promotion with account information is judged by its primary purpose (FTC compliance guide).
What about texts?
Text messages fall under a different law, the Telephone Consumer Protection Act, with its own consent and opt-out rules; see our guide to texting tenants.
Frequently asked questions
Do landlords have to follow CAN-SPAM?
For marketing email, yes, such as vacancy announcements or service promotions. Rent receipts, lease updates and account notices are transactional and exempt from most of the rules.
How fast must I remove someone who unsubscribes?
Within 10 business days, and your unsubscribe link or reply address must keep working for at least 30 days after the email was sent.
What is the penalty for violating CAN-SPAM?
Up to $53,088 for each separate email that violates the law, according to the FTC.
Sources
- CAN-SPAM Act: A Compliance Guide for Business, Federal Trade Commission
- 16 CFR Part 316, CAN-SPAM Rule, eCFR
How Seayora helps
Notification preferences: Email sent through Seayora carries an unsubscribe link and an email-preferences link for each recipient, and opting out of marketing never stops a receipt or a required notice.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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