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) 3.
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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3. Force majeure. The landlord claims 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. This argument is waived; the landlord never raised such a defense in its answer, or in its summary judgment opposition, or at the summary judgment hearing. Moreover, the concept of force majeure is generally applied in contract disputes, [Note 24] and the landlord cites no authority for applying it to protect a party from a statutory liability such as the one at issue here. [Note 25] Finally, the landlord's summary judgment opposition cited no evidence suggesting that the pandemic prevented it from timely returning the deposit by mailing a check or checks to the tenants.

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