Parents Win Legal Battle to Evict their Child

What’s the story?

• A New York couple has won the legal battle to evict their 30-year-old son from their home.

How did it get this far?

• Christina and Mark Rotondo took their son to court after notes, advice, and gifts failed to get their child, Michael, to move out of their home in Camillus, New York.
• “After a discussion with your Mother, we have decided that you must leave this house immediately. You have 14 days to vacate. You will not be allowed to return,” reads a note dated Feb. 2, according to filings with the Supreme Court of New York State.
• “You are hereby evicted,” a Feb. 13 note reads. “You have heretofore been our guest and there is no lease or agreement that gives you any right to stay here without our consent.”
• Another note offered Michael more than $1,000 and help in finding a new residence.

Michael’s argument

• The 30-year-old Rotondo, who acted as his own attorney, cited a legal precedent that applies to family members and argued that he was owed a six-month grace period "to basically procure the means so they can support themselves on their own."
• Judge Donald Greenwood praised Rotondo’s legal research, but ordered him to leave, saying his parents, as the owners of the house, have the right to decide who lives there.
• The judge called Rotondo’s bid to remain in his parents’ home another six months “outrageous.”

"I want you out of that household," Judge Greenwood told him.

• Rotondo plans to appeal the ruling.

What do you think?

Should parents be allowed to evict their children? Various states have various laws—does Congress need to craft federal legislation? Have you ever had to evict a family member? Hit Take Action, then share your thoughts below.

—Josh Herman

(Photo Credit: Joe_Potato / iStock)