Parents take 30-year-old son to court to evict him from their home

BY: Daily Mail
Michael Rotondo is being evicted from his home by his own parents
Michael Rotondo is being evicted from his home by his own parents

A frustrated couple are have taken their own 30-year-old son to court after trying and failing to evict him from their house. 

Mark and Christina Rotondo, of Camillus, New York, say their son doesn't pay rent or help out around the house so they've had it. 

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Over the past three months, they've given him five written notices to move out, but he has ignored their orders.  

They initially tried to get him evicted, but learned that since he is a family member, he would have to be removed from their home through an ejectment proceeding. 

The couple and their son are scheduled to appear in Onondaga County Supreme Court on Tuesday for a hearing over the matter.

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In a response to his parents' court filings, Michael - who turns 31 in July and is acting as his own lawyer - says his parents have not given him a reason why he is being kicked out, or enough time to find a new place.  

He claims in his response that in the eight years he has lived with his parents, he 'has never been expected to contribute to household expenses, or assisted with chores and the maintenance of the premises, and claims that this is simply a component of his living agreement'.

He also cited a court precedent which says that he needs six months notice to be kicked out through an ejectment action. 

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In a redacted filing, Michael also said he runs his own 'successful' business, calling it 'the overwhelmingly superior choice for the economic well being over the working of a full-time job'.

Reached by the New York Post on Tuesday, Michael said he was still living at his parents' house and would not go into detail about the business he runs.

He said the living arrangement 'is awkward'.

The Rotondos first asked their son to leave in a letter written on February 2   

His father wrote that 'after a discussion with your Mother, we have decided that you must leave this house immediately'. They gave him 14 days to vacate, saying he 'will not be allowed to return'.

'We will take whatever actions are necessary to enforce this decision,' the letter read.

When he had not moved out two weeks later, his parents followed up with another letter, telling him he had been 'evicted'.

'You have heretofore been our guest and there is no lease or agreement that gives you any right to stay here without our consent,' they wrote.

They then gave up another 30 days to leave.

The couple wrote a third letter five days later, offering Michael $1,100 to find a new place to stay and some advice on how to get a new apartment - such as selling 'any weapons you may have' for rent money. 

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

'If you want help finding a place your Mother has offered to help you,' the letter reads.

On March 5, the couple wrote a fourth letter saying they 'have seen no indication that you are preparing to leave'.

'Be aware that we will take any appropriate actions necessary to make sure you leave the house as demanded,' they wrote.

Their most recent letter was written on March 30, concerns Michael's car, offering him money to fix it so that it can be taken off their property. 

'I feel bad for both of them, because he’s not learning anything by staying at home and he’s just wasting their time and money,' one neighbor said, according to WRAL. 

Zillow estimates the four bedroom home is worth about $218,000.  

Michael appears to be no stranger of the civil court system. 

Last year, he filed a lawsuit against a local Best Buy for discrimination, saying he was fired because he couldn't work Saturdays due to a court visitation schedule. 

He is seeking nearly $340,000 in damages, pay and attorney's fees from the big box store. 

In a separate case, he claimed his rights to due process were violated in family court, but that case was thrown out in November of last year.