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Q: A provision in my lease with a retail tenant specifies that the tenant must fix any damage to the elevator that it uses as part of its business. I recently discovered that the equipment has been damaged, so I sent a notice to cure to the tenant. However, the tenant claims that the damage occurred before it moved into the space. The tenant is asking a trial court for a judgment in its favor without a trial. What would I have to show in order for a trial to be held to determine the outcome?
