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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Under these principles, the landlord here did not make a valid tender of the security deposit within the statutory thirty-day period. Moreover, although there appears to be little case law on the issue in the Commonwealth, authority elsewhere -- old, but never overruled -- indicates that "[t]o constitute a good tender, the law requires payment at the proper place," and "[a]t common law with respect to the payment of money . . . where the time, but no place, of payment is specified, and no place of payment is fixed by law, the rule is that the tenderer must seek the tenderee and make a tender to them wherever they can be found" (footnote omitted). [Note 19] 86 C.J.S. Tender § 16 (2017). One view is that "[p]ayment offered at a place other than the creditor's place of business is not tender, unless the creditor agrees otherwise" (footnotes omitted). [Note 20] Id. Another view is that "where no place of payment [is] mentioned in the instrument, a tender should [be] made at the residence of the creditor." [Note 21] Gerard v. Bank of N.Y. & Trust Co., 240 A.D. 531, 536 (N.Y.), rev'd on other grounds, 265 N.Y. 336 (1934). "The tenderer, however, is not bound to go out of the state to find the tenderee" (footnote omitted). [Note 22] 86 C.J.S. Tender § 16.

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