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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To evaluate the reasonableness of the landlord's efforts, we turn to the concept of "tender." Our decisions have often assumed that the "return" of a security deposit necessarily includes, although is not limited to, the landlord making a tender of the money to the tenant. Most recently, in Henry v. Bozzuto Mgt. Co., 98 Mass. App. Ct. 690 (2020), we recounted how a landlord had "tendered a check made out to the [tenants] for the full amount," but the tenants "rejected . . . the tender." Id. at 693. See id. at 697 ("making a tender . . . requires production of the entire amount owed"). See also Taylor I, 75 Mass. App. Ct. at 415 n.9; Young v. Patukonis, 24 Mass. App. Ct. 907, 909 (1987); Castenholz v. Caira, 21 Mass. App. Ct. 758, 764 (1986); Goes v. Feldman, 8 Mass. App. Ct. 84, 92 (1979). As a general matter,

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