May 22, 2018 8:57 pm
Updated: May 23, 2018 8:44 pm

Judge in New York rules 30-year-old son will be evicted from parents’ home

Some kids can't wait for when they can leave home and live on their own. Then there's the 30-year old from New York, whose parents took him to court to get him out of the house. Mike Drolet reports.


It took numerous eviction notices and even an offer of money to leave, but after a month-long effort, a 30-year-old will now have to leave his parents’ home after a judge ruled in favour of an eviction order — and the son is not happy about it.

Michael Rotondo appeared in the Supreme Court of New York State for about 30 minutes on Tuesday after a petition had been filed by his parents, Christina and Mark Rotondo, stating they wanted their son to leave.

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After debating with the judge in a back-and-forth, with Rotondo arguing he was entitled to six months more time — a “common-law requirement” that family members must give a six-month notice before eviction, and the judge countering that an appellate court decision ruling family members don’t get special treatment, Justice Donald Greenwood made his decision.

READ MORE: Campers living on site of modular housing project in Maple Ridge given eviction notice

It was a decision Rotondo called “outrageous.”

“I don’t see why the judge wants to throw people on the street,” he said.

The whole ordeal started a little more than three months ago when Mark wrote his son a letter which said after discussion with Rotundo’s mother, “we have decided that you must leave this house immediately,” according to the letters obtained by

Four of the letters sent to Michael Rotondo asking him to vacate their home.

Rotondo ignored this request to leave, resulting in three months’ worth of letters including one from his mother warning him not to resist.

“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,” Christina wrote in a letter dated Feb. 13.

WATCH: Man ordered to leave parents’ New York home talks former job, interests and his hair

On Feb. 18, they even offered him US$1,100 for him to find a place to stay.

Other messages include them saying they will take “appropriate actions necessary” to ensure he leaves the house “as demanded,” and presents solutions for an issue about Rotondo’s car.

A response filed to the court, reported by, shows Rotondo stated the notices did not provide a “reasonable amount of time” for him to leave, citing the common-law requirement. In an earlier response, he also claimed no cause was given and that the effort to make him leave was retaliatory.

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Rotondo, according to CNYCentral, also said in the filing he has “never been expected to contribute to household expenses, or assisted with chores and the maintenance of the premises,” claiming it’s part of his living agreement.

“I’m not a burden to them at home,” the 30-year-old said in court on May 22. “They don’t provide me laundry or food.”

He also said he does have a job, but would not provide details to media outside the court.

Asked how he interacts with his parents, he told Greenwood he did not talk to his parents, CBS News reports.

READ MORE: ‘Nowhere to go’: Fenwick Tower tenants served eviction notice

Prior to Tuesday’s court hearing, Rotondo asked for the court to dismiss the request.

During the hearing, the couple’s lawyer told Greenwood they were looking for a court order that sheriff’s deputies could enforce, reports.

Greenwood still tried to find a different solution, however, before making his ruling, asking Rotondo to speak with his parents while he waited but he refused, saying he had made his arguments.

“I’m granting the eviction. I think the notice is sufficient,” Greenwood said in making his decision.

WATCH: 30-year-old man in New York must leave his parents’ home after judge grants eviction

Throughout the hearing, Rotondo maintained what Greenwood was doing was wrong and when the ruling came down, he kept up this refusal.

“I’m seeking an appeal. I move to close,” he told the court.

No specific deadline was given in court for Rotondo to vacate his parents’ home.

© 2018 Global News, a division of Corus Entertainment Inc.

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