Holdover — nuisance
Nuisance is a no-cure termination for conduct that materially interferes with other occupants' use and enjoyment. It requires particularized pleading and strong contemporaneous evidence.
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Assemble particularized incidents
Attorney reviewDocument each incident with dates, witnesses, and any police / HPD / DOB records.
Why it matters: Nuisance notices lacking specific incidents with dates are dismissed.
If you wait: Witnesses move; records are harder to obtain later.
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Retain counsel before drafting the notice of termination
Attorney reviewNuisance is a no-cure termination and is easily reversed on appeal. Do not attempt to draft this notice without counsel.
Why it matters: This is the highest-risk holdover theory.
If you wait: Ongoing conduct may support the theory — but do not delay retention.
- 3
File, serve, appear
Attorney reviewFollow standard filing and service rules; counsel handles the appearance.
Why it matters: Standard procedural rules still apply.
If you wait: Delay undermines the immediacy element of nuisance.