Quote:
Originally Posted by stomachmonkey
OP would be best off checking Arizona statutes.
The law is often not nearly as cut and dry as people think it is.
Notices in a broad legal sense, are used to communicate rights and responsibilities to an interested party. There are different forms of legal notices. Notices in writing are called written notices. However the definition of the term written notice can vary from state to state and even within different areas of law within one state.
An example of a State law defining notice and written notice can be found in Virginia's Landlord Tenant Act Va. Code Ann. § 55-248.4 which states:
"Notice" means notice given in writing by either regular mail or hand delivery, with the sender retaining sufficient proof of having given such notice, which may be either a United States postal certificate of mailing or a certificate of service confirming such mailing prepared by the sender. However, a person shall be deemed to have notice of a fact if he has actual knowledge of it, he has received a verbal notice of it, or from all of the facts and circumstances known to him at the time in question, he has reason to know it exists. A person "notifies" or "gives" a notice or notification to another by taking steps reasonably calculated to inform another person whether or not the other person actually comes to know of it. If notice is given that is not in writing, the person giving the notice has the burden of proof to show that the notice was given to the recipient of the notice.
|
That highlighted section is only a definition of a general “notice,” not specifically a “written notice.”
It says that a person can be deemed to have received a general “notice” of a fact if he has actual knowledge of it, or received verbal notice of it, but it does not say that such person will be deemed to have received “WRITTEN notice.”
In the OP’s case, written notice is specifically required by the contract.