A New York State Supreme Court Justice on Tuesday sided with the parents of a 30-year-old Camillus man who are suing their son in a bid to force him out of their house after multiple eviction notices.
Mark and Christina Rotondo told the court they first issued their son Michael an eviction letter on Feb. 2, 2018, and the 30-year-old has refused to leave, despite repeated follow up demands in the months since, Syracuse.com reports.
Has to be a liberal . . . https://t.co/I7i0I3k3kf
— Tim Sullivan (@TimSullivanAtty) May 20, 2018
“After a discussion with your Mother, we have decided that you must leave this house immediately,” Mark Rotondo wrote.
Eleven days later, Christina Rotondo issued another letter.
“Michael Joseph Rotondo, You are hereby evicted from 408 Weatheridge Drive, Camillus, New York effective immediately,” she wrote.
“Any action you take that can be construed as threatening or harassing … us or prevents or obstructs our ability to use the house or property at 408 Weatheridge Drive as we see fit will result in your immediate removal from the premises,” the millennial’s mother wrote.
The couple issued another letter on February 18, 2018:
Here is $1,100 from us to you so you can find a place to stay.
1) Organize the things you need for work and to manage an apartment. Note: You will need stuff at Paul Ave. You must arrange a date and time though 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 you Mother has offered to help you.
Christina and Mark Rotondo
Despite five separate notices, Michael insists he’s entitled to six more months of rent free living with his parents. In April, the Rotondos sued their son in an effort to force him out, but were told approval from a Supreme Court justice is required to remove a family member.
Here’s a shot of him just after he received that 5th notice. pic.twitter.com/N0zVWRXGzg
— Tom Johnson (@FOX35Tom) May 21, 2018
The couple petitioned the Supreme Court on May 7, and the case came before state Supreme Court Justice Donald Greenwood on Tuesday morning, when Michael Rotondo cited legal precedent for his claim to six more months at home.
In the son’s initial response to the lawsuit, he claimed the five written notices didn’t give him enough notice to leave and pointed to Kosa v Legg, which states “there is Common law requirement of six-month notice to quit before tenant may be removed through ejection action.”
Rotondo claimed he’s lived with his parents for eight years and “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 arrangement,” WSTM reports.
Greenwood disagreed, though he praised Michael Rotondo for his legal research. Greenwood pointed to an appellate court decision that overrode his legal argument, and called the demand for six more months “outrageous.”
Rotondo and Greenwood engaged in an hour and a half long tit for tat, with Rotondo calling the judge’s eviction order “outrageous.”
Outrageous or not, Greenwood said the 30-year-old has got to go, and asked the attorney for his parents to draft an eviction order that he could sign, Syracuse.com reports.
“When asked if he considered spending as much time looking for a new place to live as fighting the eviction, Rotondo replied that he wasn’t ready to leave,” according to the news site.
The judge did not set a date for the eviction in court.
Rotondo told the media he believes he’s entitled to at least another month, enough time to file an appeal.