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Gerson Realty Inc. v. Casaly
Citations: 2 Mass. App. Ct. 875; 316 N.E.2d 767
Court: Massachusetts Appeals Court; September 30, 1974; Massachusetts; State Appellate Court
The Superior Court's final decree, which affirmed the tenant's valid exercise of a lease renewal option, is upheld on appeal. The sole issue involves the adequacy of the notice of renewal sent by certified mail, rather than the stipulated registered mail. The lease explicitly requires that notice be given in writing and via registered mail, primarily to establish proof of delivery. In this case, both the fact and timing of the notice's delivery via certified mail are undisputed. The landlord raised concerns about the notice's adequacy over two years after its receipt. Citing precedents, the court notes that notices sent by certified mail fulfill the requirements of registered mail in similar jurisdictions. Moreover, Massachusetts law recognizes that statutory notice requirements can be satisfied by certified or even ordinary mail. The distinctions between registered and certified mail are deemed irrelevant in this context, affirming the lease's effective renewal by the tenant. The decree is therefore affirmed.