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30 year old son refuses to move out, parents sue.

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https://www.syracuse.com/expo/erry-2018/05/ec96feccdd8142/camillus_parents_go_to_ny_supr.html

 

I found this pretty amusing.  Long story short, two parents in New York state have gone to court to have their 30 year old son evicted from their home.

 

The letters they sent him are pretty funny.

To be honest, I don't know why the parents are even bothering with the courts.  At 18, your parents are no longer legally or financially responsible for their child(ren).

Jesus, when I turned 18 my parents gave me a choice.  If I went to university/trades college, they would support me.  If not, I had to get a job and pay rent.  I went to university.

If I were a parent (thanks be to Christ I'm not), my child would be given the same choice.  If that child chose not to get a job or further their education, I'd have no problems with tossing that kid's dead beat ass out the front door.

 

I don't know how "grown" children can do it, living with their parents into their thirties.  I've got cousins who are doing the same thing. 

I mean, when I was 18 I couldn't wait to get out on my own.  I had fuck all money ($500.00 a month), for all of my expenses.  I lived in a creepy, smelly basement bedsitter...but it was mine.  I had the freedom to do what I wanted.

>To be honest, I don't know why the parents are even bothering with the courts.  At 18, your parents are no longer legally or financially responsible for their child(ren).

 
because it's been long enough he probably qualifies as a tenant. 
 

 

>I had fuck all money ($500.00 a month), for all of my expenses.  I lived in a creepy, smelly basement bedsitter...but it was mine.  I had the freedom to do what I wanted.

 

Cause wage stagnation and property value inflation is real. Minimum wage in a lot of places will get you enough money to split an apartment between three people assuming you don't each much outside of rice and lentils. plus zero hour contracts means you have no guarantee on if you can  actually make rent on any given month. One power tripping manager deciding not to schedule you for two weeks....   

Cheapest apartment near me where my car wont be broken into is 1250. It would be a 2 bedroom but wouldnt be comfortable to have a roommate. minimum wage in my area is 10.25 so even working full time it would be hard to live alone so I can see someone not wanting to move out because of the economy. I make way over minimum and I cant even borrow enough money for a move in ready house in my state, it is ridiculous.

 

With that said if you parents want you to get out find a way to get out, don't impose on them like that.

^ What he said.

 

His situation is essentially what Rand0m said. I believe where I live getting mail to a home for 3 months will qualify you as a tenant. If someone was to ask you to move, then I believe you would have 30 days from the date they give you a written notice to vacate the premises, unless you go to court.

 

On a personal note, I'd rather be homeless with a gym membership than overpay for living quarters. Maybe its because I never cared for the comforts of a decent home or perhaps it's the idea that society forces homelessness to exist. When my parents told me they wanted me to pay some type of rent, I asked them to let me know when they expect the first payment so I can move out before then.

 

Paying for school, a car, food, gas, internet, etc... adds up to more than people my age can afford. So if I had to choose, it would be to live in my car, maybe even trade it in for a SUV. Gyms are 24 hours with showers, some with spas for $10-20/ month. I love cheap food and taking advantage of free offers.

 

Thankfully, I don't have to worry about my parents kicking me out because I don't live with them. Good luck to the son.

Cheapest apartment near me where my car wont be broken into is 1250. It would be a 2 bedroom but wouldnt be comfortable to have a roommate. minimum wage in my area is 10.25 so even working full time it would be hard to live alone so I can see someone not wanting to move out because of the economy. I make way over minimum and I cant even borrow enough money for a move in ready house in my state, it is ridiculous.

 

With that said if you parents want you to get out find a way to get out, don't impose on them like that.

 

Rent in my area is about the same depending on the property but almost never lower than $1,000. If it's below, then its probably a crappy neighborhood or in the middle of nowhere. There are pretty decent places though but from what I hear from most people, owners try to raise prices at the end of the lease so you either are stuck paying more or forced to move.

 

A couple I know sold their house in CT for $450,000. It was a two story house with a basement and attic and tons of land. It's an older house but in amazing condition. It had 4 bedrooms, 3 bathrooms, a den, living room, family room, dining room, giant outdoor pool, and so much more.

 

$450,000 on a NEW home where I live in FL will get you 2 bedrooms, 2.5 bath, a den, a great room, and the kitchen. You have the choice of a pool or a backyard but can't have both. Meanwhile, 2 towns over, the same house runs for $280,000 but you can have both a pool and a yard.

 

Isn't that some bullshit? Now imagine having to pay interest and 30 years for that...

I'd rather pay rent in my parents house than pay rent in another mans house. Especially with those greedy tenants who up the rent every year.

 

My sister moved out when she was 19, she's been paying £700 ($930~) / month since, you can image how she's struggling. I pay £300 ($400~) / month to my mum. Have my own room, eat mums food and I make way over £50k/year and i'm only 24. My sister will probably never be able to get a mortgage at that rate, but i'm very well on my way to and can eventually make the decision to move out or rent out a property. Plus I still have all my friends and family around me and I live in central London, while she had to move way out to even get that rent fee.

Cheapest apartment near me where my car wont be broken into is 1250. It would be a 2 bedroom but wouldnt be comfortable to have a roommate. minimum wage in my area is 10.25 so even working full time it would be hard to live alone so I can see someone not wanting to move out because of the economy. I make way over minimum and I cant even borrow enough money for a move in ready house in my state, it is ridiculous.

 

With that said if you parents want you to get out find a way to get out, don't impose on them like that.

 

I'm curious, what state do you live in, DarkFox?

 

 

I'd rather pay rent in my parents house than pay rent in another mans house. Especially with those greedy tenants who up the rent every year.

 

My sister moved out when she was 19, she's been paying £700 ($930~) / month since, you can image how she's struggling. I pay £300 ($400~) / month to my mum. Have my own room, eat mums food and I make way over £50k/year and i'm only 24. My sister will probably never be able to get a mortgage at that rate, but i'm very well on my way to and can eventually make the decision to move out or rent out a property. Plus I still have all my friends and family around me and I live in central London, while she had to move way out to even get that rent fee.

Samus got it right! When my wife and I first got married we rented for a year, and realized we could either continue throwing away money every month, or move into her parents house, pay to renovate their attic, and live their rent free. We chose the second option. Stayed there for a couple years and saved our money. Then when we finally bough a house we were able to put a large downpayment and had a small mortgage. Less than 3 years later we had the mortgage paid off, now I take the money I spent monthly in our mortgage and I put it into Mutual Funds/other investments. Its nice being 100% debt free and it would have been impossible had I continued renewing my lease on the place I rented.

 

I work with some people that put in 55-60+ hours a week just to maintain their trendy lifestyle. They buy high end cars, get nice apartments, go out to eat every couple days. So I ask then how much money they save or how their retirement savings is looking. Almost every single one of them is broke, and up to their eyeballs in debt. If you want to live an expensive, extravagant lifestyle, you don't sink yourself onto debt. You get the money first, build up your savings, and then you start paying cash for things. I'm sure we have all heard the saying "When you are in debt, you are a slave to that debt." Cash is king.

^ That's right. My cousin did the same with her boyfriend for 2-3 years at his parents' house, they saved up money got married, and then moved down here to his parent's newer house to get established. After 1 year they bought their first home for cheap, in a great location and neighborhood, but it was beat up. They put in the time and money to pass inspection by the county, now they have a really nice life. Neither of them has a college degree but she worked her way up to bank manager and he's a cable technician. They're living debt free.

 

It's all a matter of the mind. Make a plan and follow it.

Working in property management, I see shit like this ALOT.

People renting houses, kids don't want to move, etc etc. Parents think because we manage the property they put their own full-grown adult on the lease, that we magically can do something about it. He's on the lease, we can't do anything.

We've had parents renting apartments just for their kids to get them out of their house. (Surprise surprise, these are the same kids that call maintenance to change a fucking light bulb because they are scared of being electricuted. Don't overshelter your kids guys, or this happens.)

As for myself, my situation is pretty weird. My mother has been a single mom and always struggled. I still have an underage younger brother, and my mom isn't ready to clear house just yet. When I was in the military, she had my two younger brothers to keep her sane. Now my younger (not youngest) is in the military, and she's had a hard time clearing the nest. I pay a majority of the rent, bills, etc, so she can focus on my youngest brother and they still have that family feel. Granted, my girlfriend and kiddo live with us so its a rather big 4bedroom to accompany everyone. It keeps my mom sane because I help her out with bills and everything. She doesn't have to flood 60+ hours at work to afford to take care of herself and my youngest brother. My girlfriend gets to stay home with my kiddo because my mother helps me as well. My girlfriend loves it and so does my kiddo. It's a team-effort here, lol. Granted, Jan of next year, we'll be splitting our separate ways.

 

I can understand the struggle of someone trying to go out on their own. I got blessed with a good job at a young age, but plenty my age are still struggling to even find a job giving them over $10/hr. They need a decent deposit (~$300-$500 for a low-rate rental, more if you need better quality/area), first months rent before move-in, money for furniture, money for food, money for all the utility deposits (and if you've lived off mom/dad name all your life, these are about $100-$300 each.) Now for the renting, you need 2.5x the rent in most places, and good credit. Kids usually have no credit, so they need their parents or someone older to vouch for them. If you have parents unwilling to do that, it's rough. I've seen kids come into my work, brand new 18 year olds, parents told them "you're 18,. out you go" and they have no idea what to do. You can't expect an 18 year old to immediately have $2,000-$3,000 saved up, have decent credit, make 2.5x average rent alone (usually $2,400 a month in income) and know how the world works. 

On the opposite note, at 30, your shit should be together at least enough to get an efficiency. I don't have too much time to read the story, but if it is just him, by himself, no kids or girlfriend, no extra expenses. It isn't unreasonable to think he can tackle an efficiency. Though this is NYC and rent there is monstrous. Maybe hit the island for better rates.

I have a younger brother and he will be 30 in 2021. He lives with mom still and refuses to job hunt, and has no job because of this. He wanted to be a video game tester, maybe even a designer, but he will not put foward the effort. When mom passes away, he supposedly is getting her home, but with no income, he won't be able to afford to stay there. He thinks thay if he becomes homeless that one of his sisters (there are 3 sisters - me & two others) will take him in. I am not going to have him live in my home doing nothing but gaming. We have tried on two different occasions to let him stay here and had job(s) lined up. He refused them.

 

If this is the case with the guy in the article, then I see why they pushed to evict him. My opinion would be different if he were paying a fair portion of the bills.

 

And, in case anyone was wondering - we own our home. Not the land, but the home. The land it is on was owned by an elderly woman, and because we took care of her before she passed (almost two years of hospice-like care), she had it put in her will that we can live here as long as we want (or until we die). We made sure she took her meds, fed her, made sure she was plenty warm in the winter and not too terribly hot in the summer. Any issue she had, she called us and we were there. She fell, we picked her up and called her sister (a registered nurse) and we tended to her. In the cases where she fell and got injuries, we doctored those and cleaned up any messes. We did what we could for her out of respect for her. We were unaware of the will until 2-3 months before she passed. My home may not be the most glamorous, but its mine and as such we can remodel/renovate whatever we want to, and however we want as long as the construction/electric/water pipe codes are followed.

Why is such a thing being brought before a "supreme court"? Seems to be that the family needs councling and for the son to actually speak up.

 

Because apparently the laws  require that to evict a family member. Presumably the original process had the sort of potential for bullshit they wanted more experienced overview. Also the "supreme"  court in this case is still just a court of first instance. it just has universal jurisdiction in the state. It's the Taco Supreme of supreme courts. 

 

It likely goes something like city courts which handle  arraignments, misdemeanors and small claims stuff,  a county court that handles most felonies and civil cases up to a couple dozen grand, and then the "supreme" court which has general jurisdiction. Quick google says the new york supreme court has  exclusive jurisdiction on stuff related to divorce, marriage etc, so i'm guessing the "need this court to evict a family member" falls along those lines. One to many jackasses trying to evict their spouse or whatever. 

  • Author

>To be honest, I don't know why the parents are even bothering with the courts.  At 18, your parents are no longer legally or financially responsible for their child(ren).

 
because it's been long enough he probably qualifies as a tenant. 
 

 

>I had fuck all money ($500.00 a month), for all of my expenses.  I lived in a creepy, smelly basement bedsitter...but it was mine.  I had the freedom to do what I wanted.

 

Cause wage stagnation and property value inflation is real. Minimum wage in a lot of places will get you enough money to split an apartment between three people assuming you don't each much outside of rice and lentils. plus zero hour contracts means you have no guarantee on if you can  actually make rent on any given month. One power tripping manager deciding not to schedule you for two weeks....   

Rand0m Her0, no he does not qualify as a tenant as he lacks the two things that would:

1: Rental Agreement/Lease

2: paying rent

As such, he would be legally considered a house guest (or legally an Invitee).  Since his parents have demanded he leave, he would now legally be considered a trespasser or squatter.  Hence no obligation to go to court, as they are well within their legal rights as property owners to push an unwanted guest out the front door. 

In retrospect, I imagine they want to get the Office of the High Sheriff (or whatever its called in New York State), to be involved in the eviction process to ensure it goes smoothly.  Either way, this situation is ludicrous as a 30 year old should have their act together so that they can pay rent and help out with household expenses.

 

As to your second point: No shit Sherlock.  Thanks for pointing it out, I was completely oblivious to it.  Any other observations you'd care to make?  Like night is dark?  Ice cream is cold?  If you jump in a pond, you'll get wet?  My household expenses at the time, if I recall correctly were as follows:

1: Rent: $275.00

2: Telephone: $40.00

3: Groceries: average of $110.00

 

Leaving me with a grand total of $75.00 for extraneous expenses.  Plug that into an inflation calculator and see what you get. https://www.bankofcanada.ca/rates/related/inflation-calculator/

Also, that $500.00, yeah that was less than minimum wage, which was $4.75 an hour at the time.

 

MsShawdi: My cousin is pretty much the same way.  Wanted to be a guitar technician, get hired by a major musician right out of school, and was going to be a millionaire before he was 25.  Surprise, surprise, that didn't work out.  Quit that, got a job in a warehouse and lasted less than a day.  Now he sits at home, playing video games, stuffing his face and refuses to work.

 

>To be honest, I don't know why the parents are even bothering with the courts.  At 18, your parents are no longer legally or financially responsible for their child(ren).

 
because it's been long enough he probably qualifies as a tenant. 
 

 

>I had fuck all money ($500.00 a month), for all of my expenses.  I lived in a creepy, smelly basement bedsitter...but it was mine.  I had the freedom to do what I wanted.

 

Cause wage stagnation and property value inflation is real. Minimum wage in a lot of places will get you enough money to split an apartment between three people assuming you don't each much outside of rice and lentils. plus zero hour contracts means you have no guarantee on if you can  actually make rent on any given month. One power tripping manager deciding not to schedule you for two weeks....   

Rand0m Her0, no he does not qualify as a tenant as he lacks the two things that would:

1: Rental Agreement/Lease

2: paying rent

As such, he would be legally considered a house guest (or legally an Invitee).  Since his parents have demanded he leave, he would now legally be considered a trespasser or squatter.  Hence no obligation to go to court, as they are well within their legal rights as property owners to push an unwanted guest out the front door. 

In retrospect, I imagine they want to get the Office of the High Sheriff (or whatever its called in New York State), to be involved in the eviction process to ensure it goes smoothly.  Either way, this situation is ludicrous as a 30 year old should have their act together so that they can pay rent and help out with household expenses.

 

As to your second point: No shit Sherlock.  Thanks for pointing it out, I was completely oblivious to it.  Any other observations you'd care to make?  Like night is dark?  Ice cream is cold?  If you jump in a pond, you'll get wet?  My household expenses at the time, if I recall correctly were as follows:

1: Rent: $275.00

2: Telephone: $40.00

3: Groceries: average of $110.00

 

Leaving me with a grand total of $75.00 for extraneous expenses.  Plug that into an inflation calculator and see what you get. https://www.bankofcanada.ca/rates/related/inflation-calculator/

Also, that $500.00, yeah that was less than minimum wage, which was $4.75 an hour at the time.

 

MsShawdi: My cousin is pretty much the same way.  Wanted to be a guitar technician, get hired by a major musician right out of school, and was going to be a millionaire before he was 25.  Surprise, surprise, that didn't work out.  Quit that, got a job in a warehouse and lasted less than a day.  Now he sits at home, playing video games, stuffing his face and refuses to work.

 

 

No they explicitly required the courts to evict him. Since you've decided you want to be a bit of a prick, might I recommend actually reading the article. As in the one you posted? 

 

Where do you keep your wheaties? Cause if you're gonna flip off like that again, I wanna make sure I've actually pissed in them first yanno? 

 

 

I'm curious, what state do you live in, DarkFox?
 

 

Oregon. It has a bit of a unique housing market because of people leaving California and moving here, over sees investors and few large cities. There is a lot of potential for growth it just hasn't been happening quick enough to keep up with the demand.

 

Why is such a thing being brought before a "supreme court"? Seems to be that the family needs councling and for the son to actually speak up.

 

Because apparently the laws  require that to evict a family member. Presumably the original process had the sort of potential for bullshit they wanted more experienced overview. Also the "supreme"  court in this case is still just a court of first instance. it just has universal jurisdiction in the state. It's the Taco Supreme of supreme courts. 

 

 

Silly naming scheme. Here it would have been "peace court" with a split towards more heavy (read $$) going to "Court of First Instance".

 

And for all the people here stating they would kick his sorry ass on the curb, would you also jut cut him off financially? Sounds easier to just stop feeding him imo.

 

 

Why is such a thing being brought before a "supreme court"? Seems to be that the family needs councling and for the son to actually speak up.

 

Because apparently the laws  require that to evict a family member. Presumably the original process had the sort of potential for bullshit they wanted more experienced overview. Also the "supreme"  court in this case is still just a court of first instance. it just has universal jurisdiction in the state. It's the Taco Supreme of supreme courts. 

 

 

Silly naming scheme. Here it would have been "peace court" with a split towards more heavy (read $$) going to "Court of First Instance".

 

And for all the people here stating they would kick his sorry ass on the curb, would you also jut cut him off financially? Sounds easier to just stop feeding him imo.

 

 

 

Yea, apparently it's historical nonsense. leads to fun every so often when some twit of a judge does something ruling that cats are actually vegetables or whatever and everyone goes "OMG WHY DID THE SUPREME COURT DO THIS!".

 

It *was* the superior court once upon a time, by which I mean dating back to  a couple decades after the British showed up offshore of New Netherlands and went "We think we'll rename this place *ours*":  Apparently they lumped the kings bench and court of common pleas into one thing because reasons. Couple hundred years later, the now state of New York decided it needed a court of last resort to replace the court of chancery. At which point they promptly created the court of appeals and didn't care to rename the supreme court. 

 

For added confusion, the judges for that court get to use the title justice, which pretty much everywhere else is reserved for the court of last resort. Naturally the judges who sit on the  court of appeals (ie, the actual highest court) do not get to use that title. 

  • Author

 

 

No they explicitly required the courts to evict him. Since you've decided you want to be a bit of a prick, might I recommend actually reading the article. As in the one you posted? Where do you keep your wheaties? Cause if you're gonna flip off like that again, I wanna make sure I've actually pissed in them first yanno?

 

I love those comebacks, "read the article".  I did, twice.  Plus the one that was on BBC, which is how I found the original.  Yes, at the end of the article it does say that:

 

"In April, the couple went to Camillus town court to try to evict their son. But they were told that it required a Supreme Court justice to remove a family member."

 

Did you miss the point where  I said:

 

 

In retrospect, I imagine they want to get the Office of the High Sheriff (or whatever its called in New York State), to be involved in the eviction process to ensure it goes smoothly.

 

I still maintain, it was not necessary.  I worked with a father who tossed his 25 year old son out the house under similar circumstances.  No court or court officials involved.  I know of other people who were threatened with it, an uncle being one of them.

 

The rest of it, I will not dignify with a response.

Some of these liberal states have extreme laws to protect people from getting thrown out in the street. They believe it cuts down on homeless camping in front of Starbucks. I believe this guy was using these laws to prevent his parents from throwing him out. Also these people create these go fund me pages, and real stupid people will actually send them tons of cash. Whatever.

Cool. Evidently the family disagrees with you on it being necessary. The fact that the ability to grant an eviction notice is exclusive jurisdiction of the supreme court rather than lower courts implies the state of new york disagrees with you.  Given that the article makes it extremely clear that it was the son, and not the parents forcing the legal process, that also implies you're making assumptions.  

 

Evicting someone can be a complicated legal process. If the person refuses to leave, there is quite often little you can do until you get a court order for that eviction to be enforced. "Throwing someone out", is rarely simply if the thrown out party isn't willing to stfu and leave. 

 

here, let's not speculate and break out the google foo. 

 

https://www.google.ca/search?ei=4B8GW9qjNcfXjwTLrrOQBA&q=ejection+action+adult+child+new+york

 

Oh look, if the adult child pays rent or has been expected to (bascily if there is an enforceable lease), then they count as a tenant and it requires all the proceedings and expectations of that. If they do not pay rent, then it requires an ejection action, which is a relatively through legal process, apparently more complicated than evicting a tenant.  Just about every page on the opposite side of that link recommends you retain a lawyer for it,it requires an explicit court order from the New York Supreme Court and can apparently it can take several months and be pretty expensive.

 

 

So turns out that the process is rather more complicated than you're blithely assuming, as legal processes quite often are. Congrats, you've managed to be both wrong and a needless prick about it. Where are your wheaties. 

 

Editing rather than double posting: 

 

 

Some of these liberal states have extreme laws to protect people from getting thrown out in the street. They believe it cuts down on homeless camping in front of Starbucks. I believe this guy was using these laws to prevent his parents from throwing him out. Also these people create these go fund me pages, and real stupid people will actually send them tons of cash. Whatever.

 
If we go hunting, I expect the law to have been written to cover any ejection of a family member. There have been quite a few cases of abusers and other such bottom feeders using the threat of homelessness to control their victims. It'll be there to help prevent things like someone throwing their spouse out of the house because the title isn't in their name, or pulling shit with their parents/grandparents or just being like "btw , you're 21, and now you're homeless!" without giving them notice or the ability to prepare. I've seen the last of those happen personally, friend of mine got chucked out on her birthday by her shithole of a stepfather. I don't care to research enough to know laws here stack up vs new york state, but suffice to say neither the police nor the courts were amused at him for doing it with no notice in the middle of a northern winter. 
 
Good laws occasionally protect assholes who know how to abuse the system. At least up to the point a judge gets their metaphorical mitts on them and systemically dismantle their bullshit, exactly as happened here. 

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