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Tidy Tyler brings a motion to quash service of summons in response to the UD complaint filed against her by Leonard Land. Tyler leases a small commercial space from Land for her ceramic studio. Their lease agreement provides for 15 days’ notice by either party to terminate the agreement. Land served Tyler with a notice 15 days prior to filing his unlawful detainer action. Tyler argues that service of the summons was defective because service of the notice to terminate did not comply with statutory requirements and the 15-day notice provision in the lease is void since the statutory 30-day notice cannot be waived. How would you rule on her motion?
While statutory notice cannot be waived in a residential rental agreement, Tyler’s agreement was for a commercial space; therefore, she does not enjoy the nonwaivable right. |
How Would