F-16 Pilot--need help with precedent on verbal notification of military clause

[viper_pilot]

I was a tenant in an ARIZONA rental property between Nov 06-Aug 07. In the month of June 07, I received an assignment "RIP" which gives military members advance notice of impending military PCS orders for a new assignment. Based off my assignment location at Kunsan AB, South Korea...I contacted my landlord in advance to let her know of the pending move. I asked her if she wanted written notice or a copy of my orders. Being a military officer herself and familiar with the military clause, she told me that would not be necessary and I proceeded as planned for my move. I was given advance notice of a report no later date than of 10 Sep 2008. My military orders posted 31 Aug 2008.

I relied on the representation that my landlord gave me that she did not need a copy of my orders or written notice to vacate. Likewise, I would not have been able to give her a copy of my orders until 31 Aug 2008 anyway. I moved out of house as planned and reported to Korea.

Later, the Landlord decided to sue for 3 months rent based on the premise that I never provided her a copy of my orders or an exact move out date. She fully acknowledged in writing and a phone call that I recorded that she "verbally waived" my requirement to provide notice in writing and a copy of the orders. Having admitted to the aforementioned she is still suing and claims that it doesn't matter if she agreed to it or provided a verbal waiver...simply because the law calls for the notice and orders in writing.

Do I have a strong and or legitimate argument against her? I also have publicly obtained records that she was court-martialed for making false official statements in a non related case. Can anyone call/correspond with me about the matter? Again, the state is Arizona and the city was Goodyear, Az. (maricopa county)

 

[Gail in Georgia]

Did your lease include a military clause?

Gail

 

[Who's Liable?]

I was a tenant in an ARIZONA rental property between Nov 06-Aug 07. In the month of June 07, I received an assignment "RIP" which gives military members advance notice of impending military PCS orders for a new assignment. Based off my assignment location at Kunsan AB, South Korea...I contacted my landlord in advance to let her know of the pending move. I asked her if she wanted written notice or a copy of my orders. Being a military officer herself and familiar with the military clause, she told me that would not be necessary and I proceeded as planned for my move. I was given advance notice of a report no later date than of 10 Sep 2008. My military orders posted 31 Aug 2008.

I relied on the representation that my landlord gave me that she did not need a copy of my orders or written notice to vacate. Likewise, I would not have been able to give her a copy of my orders until 31 Aug 2008 anyway. I moved out of house as planned and reported to Korea.

Later, the Landlord decided to sue for 3 months rent based on the premise that I never provided her a copy of my orders or an exact move out date. She fully acknowledged in writing and a phone call that I recorded that she "verbally waived" my requirement to provide notice in writing and a copy of the orders. Having admitted to the aforementioned she is still suing and claims that it doesn't matter if she agreed to it or provided a verbal waiver...simply because the law calls for the notice and orders in writing.

Do I have a strong and or legitimate argument against her? I also have publicly obtained records that she was court-martialed for making false official statements in a non related case. Can anyone call/correspond with me about the matter? Again, the state is Arizona and the city was Goodyear, Az. (maricopa county)

You have the advantage by her admitting she gave a verbal waive for the written move out requirement. I would actively pursue this, as I bet she thinks you will just pay this since you are so far away.

 

[FarmerJ]

I would think that if you speak to your CO about this that she/he can steer you in the right direction as far as using the military to assist you in getting this to be removed . Have a copy of the judgement and civil court records about this matter when you go see your CO. Even though its a civil matter if she is still in the military I bet her own superiors will not be pleased to learn she has treated another service member this way. Other wise use the links above to consult with a atty.