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Agree or Disagree: Parents Go to Court to Kick 30 Year Old Son O - KOAM TV 7

Agree or Disagree: Parents Go to Court to Kick 30 Year Old Son Out of Their Home

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It's a crazy sounding case in Camillus, New York. Parents have tried repeatedly to ask their 30-year old son to move out of the house. Now it's a court battle.  And a great topic for debate. How long is too long for a child to live at home? What should he or she be expected to contribute?  Below are the various court filings and contentions.  Residents in the families neighborhood feel for the parents especially since the son does not pay rent or do chores, something he contends was never expected of him. 

Background:

CAMILLUS, N.Y. — A couple in Camillus is asking for a court's help to get their 30-year-old son out of their house.

In filings to the Supreme Court of New York State, Christina and Mark Rotondo say they've been trying to get their son, Michael Rotondo, to leave their home for several months.

The filing includes five written notices that the couple says it has left for Michael, starting with this note on February 2:

2 February 2018

Michael,

After a discussion with your Mother, we have decided you must leave this house immediately. You have 14 days to vacate. You will not be allowed to return. We will take whatever actions are necessary to enforce this decision.

Mark and Christina Rotondo

A second note, dated February 13, tells Michael he is "hereby evicted" from the couple's home "effective immediately" and tells him he has until March 15 to move out.
A third note from five days later offers $1,100 to Michael "so you can find a place to stay," according to the filing. It also offers advice:
1) Organize the things you need for work and to manage an apartment. Note: You will need stuff at [redacted]. You must arrange the date and time through your Father so he can set it up with the tenant.

2) Sell the other things you have that have any significant value, (e.g. stereo, some tools etc.). This is especially true for any weapons you may have. You need the money and will have no place for the stuff.

3) There are jobs available even for those with a poor work history like you. Get one — you have to work!

4) If you want help finding a place your Mother has offered to help you.

The fourth message, dated March 5, notes the upcoming March 15 deadline to leave and says, "So far we have seen no indication that you are preparing to leave." 

It adds, "Be aware that we will take any appropriate actions necessary to make sure you leave the house as demanded."

The fifth message, dated March 30, presents solutions for an issue over Michael's car, which, according to the filing, was sitting at the couple's home.

According to filings by the couple, they have been informed that because Michael is a family member, they can only have him removed from the home through an ejectment proceeding.

In a response filed to the court Wednesday, Michael Rotondo contends that the five written notices did not provide a reasonable amount of time for him to leave, citing Kosa v. Legg as precedent "that there is 'Common law requirement of six-month notice to quit before tenant may be removed through ejectment action." His response asserts none of the notes amount to a six-month notice.

In a previous response dated April 9, Michael Rotondo claims no cause was given for him to leave the home, that the attempts to remove him from the home are retaliatory, according to the filing. Michael Rotondo has also asserted that for the eight years he's lived with his parents, he "has never been expected to contribute to household expenses, or assisted with chores and the maintenance of the premises, or assisted with chores and the maintenance of the premises, and claims that this is simply a component of his living agreement," according to the filing.

Michael Rotondo's most recent filing asks the court to dismiss his parent's request. A hearing for the matter is scheduled for May 22, according to filings.

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