A couple in New York filed action in court to get their 30-year-old son out of their home.
Christina and Mark Rotondo said they’ve been trying to get their 30-year-old son, Michael Rotondo, to leave their home for several months.
In fact, they say they have even given him several written notices to leave the property.
According to WSTM, the couple gave Michael a note on Feb. 2, telling him to leave the home within 14 days.
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
Two weeks later, he received another note that said he was “hereby evicted” and that he had until March 15 to move.
In March, they gave him another note that said they “have seen no indication that you are preparing to leave.” the third note from five days offered $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.
After the notes failed to inspire action, the couple filed court documents to have the case heard by the Supreme Court of New York State. The filings state that the couple has been told they cannot evict Michael since he is a family member, and he will have to be removed through an ejectment proceeding.
In Michael’s response to the filing, he says that the five written notices did not give him a reasonable amount of time for him to leave. He cited Kosa vs. Legg as precedent, which states “that there is Common law requirement of six-month notice to quit before tenant may be removed through ejectment action.”
In another response, he said that there was no reason given for him to leave and that the filings are simply in retaliation. He claims that 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.”
New York State Supreme Court Judge Donald Greenwood ruled Tuesday afternoon that Michael Rotondo must leave his parents’ home.
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