Judge rules 30-year-old must move out after parents take son to court

CAMILLUS, N.Y. —  May 23, 9:13 a.m. EST: A New York State Supreme Court judge ruled Tuesday that 30-year-old Michael Rotondo must move out of his parents' house, WSTM reports.

Michael Rotondo represented himself in court and cited the case of Kosa v. Legg, that a there is a "common law requirement" to give a tenant six-month notice before they are removed through "ejectment action," according to CNN.

New York State Supreme Court Judge Donald Greenwood disagreed.

"I'm granting the eviction," he stated during court, CNN reports. "I  think the notice is sufficient."

Rotondo told reporters outside courtroom that he plans to appeal the ruling.

Original story:

A New York couple is asking the Supreme Court of New York State to step in and help get their 30-year-old son to move out of their home.

Christina and Mark Rotondo stated through court filings that they have been trying to get their son, Michael Rotondo, to move out of their Camillus home for several months, according to WSTM.

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As evidence, the couple included five written notices to prove they have asked their son to leave, according to The New York Post.

The couple gave Michael Rotondo the first notice on Feb. 2, giving him two weeks notice to move out. About two weeks later, Michael got a second warning, stating that he is “hereby evicted,” “effective immediately.”

In a third note sent five days later, the couple offered their son $1,100 to "find a place to stay," WSTM reports. The note also included some advice, telling him to "organize the things you need for work and to manage an apartment."

It also suggested that he sell any items of significant value, including weapons: "You need the money and will have no place for the stuff," WSTM reported. The note also stated: "There are jobs available even those with a poor work history like you. Get one - you have to work!"

In the end of the note, the couple stated, “your Mother has offered to help you find a new place to live.”

The fourth message included in court filings demanded that Michael Rotondo move out by a March 15 deadline, stating, “... we have seen no indication that you are preparing to leave” and they will “take any appropriate actions necessary to make sure you leave the house as demanded.”

In a fifth message, the couple addressed the issue of Michael Rotondo’s car, which was still parked outside the residence.

In a response filed Wednesday, Michael Rotondo stated that the five notices did not give him a reasonable amount of time to move out.

He cited as precedent a “common law requirement of a six-month notice” before forcing someone to move out.

Michael Rotondo’s court filing also stated that he lived in the home for eight years and in that time he was never asked to help out with chores or household expenses.

Rotondo also stated that his parents didn't give him any reason why he needed to leave and claims they are retaliating against him, WSTM reports.

He has asked the court to dismiss his parent’s request.

A hearing is scheduled for May 22.

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