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Legal expert weighs in on Camillus mother trying to evict adult son from home

May 23, 2018

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It’s nothing unusual to have an adult living at home with their parents. But, what happens when that adult has overstayed their welcome? Well, one Camillus mother is taking her 30-year-old son to court over his refusal to move out.

According to court documents, Christina Rotondo is the owner of home, and her 30-year-old son Michael Rotondo has lived here for about eight years.

“You have a situation, it sounds like here, where there’s no landlord/tenant relationship. It’s not a situation where this young man was paying rent where there was a lease, so there are provisions under the law where you can evict someone where there is no landlord/tenant relationship,” said Tully Rinckey Managing Partner Gerald Raymond.

Court papers indicate Michael’s parents have made several attempts to get him to vacate the premises. They’ve offered him $1,100 to find another place to stay, and help to find a new place. They’ve also urged him to sell anything of significant value including “any weapons [he] may have,” and told him to get a job.

Tully Rinckey Managing Partner Gerald Raymond says these types of scenarios are more common than people may think.

“Whether or not it ends up in court depends on the circumstances… I think from what I saw it looks like they may have been advised the family may have been advised by their attorney to give him 30 days’ notice and I think that would have been sufficient,” said Raymond.

Meanwhile, according to the court documents, Micheal Rotondo says the notices did not “provide reasonable time for [him] to vacate.” He says in his time living in the home, he “has never been expected to contribute to household expenses or assisted with chores and the maintenance of the premises.” He also maintains he has a web business.

“It’s always difficult to say when you’re on the outside looking in, but I don’t know what this young man’s circumstances are. I don’t know if he’s capable of working. It’s hard to understand why he would refuse to leave when his parents are telling him that he can’t stay. But, it seems to me that if his parents have followed the proper procedure and given him the proper notice, he would probably have to go at some point,” said Raymond.

Michael Rotondo and an attorney for his parents have declined an interview.

The case is expected to be taken up at the Onondaga County Courthouse on Tuesday.

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