Husband, wife have a son, 30yo, living with them. They sue him for unlawful detainer. Will it prosper?


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HUSBAND and WIFE have a child, SON. SON is 30 years old but he still lives with his parents. SON is jobless and lazy so the couple sued him for unlawful detainer in order to eject him from the premises of their home. They argue that their son is old enough to be evicted and he should find his own house. Will the action for unlawful detainer prosper?

LAW IN POINT: RULE 70 on Forcible Entry and Unlawful Detainer. Section 1. Who may institute proceedings, and when. — Subject to the provisions of the next succeeding section, a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, express or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person, may, at any time within one (1) year after such unlawful deprivation or withholding of possession, bring an action in the proper Municipal Trial Court against the person or persons unlawfully withholding or depriving of possession, or any person or persons claiming under them, for the restitution of such possession, together with damages and costs. (Rule 70)
NEWS ON THIS ISSUE: A New York state judge has backed a couple's battle to kick their 30-year-old son out of their home because he has not contributed toward household expenses or helped with chores. His parents said they have tried to get their son to leave their home near Syracuse, for several months, delivering five written notices that the couple said they began sending him on Feb. 2. The decision ended a four-month family battle. (Hit the road, son: Parents win court battle to evict 30-year-old; Published 11:38 AM ET Wed, 23 May 2018 Updated 2:46 PM ET Wed, 23 May 2018; https://www.cnbc.com/2018/05/23/hit-the-road-son-parents-win-court-battle-to-evict-30-year-old.html)