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30-year-old son won't leave home, so parents took him to court. He found a loophole.

A couple in upstate New York has resorted to the court system to get their 30-year-old son to leave their home.
A couple in upstate New York has resorted to the court system to get their 30-year-old son to leave their home.

In a legal move reminiscent of a TV sitcom plot, two frustrated parents in upstate New York have turned to the courts to boot their 30-year-old son out of their house, according to multiple media outlets.

Christina and Mark Rotondo of Camillus, New York, have been trying to get their son, Michael, out of their house for months and even offered $1,100 to help him move, reported TV station WTSM.

However, he filed his own court documents, stating their effort to get him out after eight years is “retaliatory” and he was never before “expected to contribute to household expenses, or assist with chores...,” reported the station. He also says his parents have never provided a reason why he should leave, and he cites a legal statute that suggests they broke the law by not giving him enough notice, the station reports.

The couple’s lawyer, Anthony Adorante, told Syracuse.com that they filed court papers only after all other methods failed, including a series of letters filled with notices and ultimatums to leave their home on Weatheridge Drive.

Copies of those letters, which date back to February, are part of the couple’s state Supreme Court filings, including a note offering to pay to have his broken car repaired so it can be moved off the property, reported Syracuse.com.

The couple say in court filings that they were told they have to follow “an ejectment proceeding” to have their son evicted, because he's a family member, reported TV station WTSM.

Michael Rotondo contends the five notes he received from his parents don’t qualify as the required six months notice for an eviction and he needs more time, reported TV station WTHR. In his defense, Michael Rotondo has cited the 2006 case of Kosa v. Legg, which he believes shows his parents have violated the law in forcing him to leave without proper notification, the station reported.

He has asked the courts to dismiss his parents’ request for his removal, the station reported. A May 22 court hearing has been set to hear the matter, WTHR reported.

Mark Price: 704-358-5245, @markprice_obs
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