JACOB SLATER & another v. TRAYNOR MANAGEMENT, INC., & another., 101 Mass. App. Ct. 705 (2022)

Citation: JACOB SLATER & another v. TRAYNOR MANAGEMENT, INC., & another., 101 Mass. App. Ct. 705 (2022)
Parent Document: JACOB SLATER & another v. TRAYNOR MANAGEMENT, INC., & another., 101 Mass. App. Ct. 705 (2022)
Jurisdiction: Massachusetts (state)
Effective Date: 2022-09-16
Original Source: https://www.courtlistener.com/opinion/10271865/jacob-slater-another-v-traynor... ↗

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In a civil action brought by the plaintiff former tenants of the defendants alleging that the defendants failed timely to return their security deposit as required by G. L. c. 186, § 15B, a Housing Court judge did not err in granting summary judgment to the plaintiffs, where the defendants did not timely tender payment to the plaintiffs within the statutory thirty-day period, either in person or by mail to their known addresses, and the defendants' offer (assuming it was made) to give one of the plaintiffs a check at the defendants' management office if he arranged a time to pick it up, particularly in circumstances where the defendants knew he was out of State, was not a reasonable effort to return the deposit [710-715]; further, the defendants' argument that the judge erred in declining to recognize that its compliance with the statute was prevented by force majeure, in the form of the COVID-19 pandemic, was waived, given that it had not been raised in the defendants' answer, in its summary judgment opposition, or at the summary judgment hearing [715].

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