An agreement of the parties for the rental of a premises may
be canceled or terminated in the following manner, unless otherwise
provided in the rental agreement:
A. Elements of notice. The Notice must include a statement that the
tenant may be represented or accompanied, at his own expense, by a
person of his choice.
B. Time requirements for notice. The notice to cancel or terminate tenancy
must be delivered within the following periods of time:
(1) No less than seven business days prior to the date of notice to quit
specified for any failure to pay rent or other terms required by the
agreement.
(2) No less than three business days prior to the date of notice to quit
specified for nuisance, serious injury to property, or injury to persons.
(3) In situations in which there is an emergency, such as a fire or condition
making the dwelling unsafe or uninhabitable, or in situations involving
an imminent or serious threat to public health or safety, the notice
may be made in a period of time which is reasonable, given the situation.
C. Delivery of notice. Any notice to cancel or terminate an agreement
for the lease, use, or occupancy of a dwelling must be in writing
and must be delivered to the tenant or landlord. Delivery must be
made by/in the following manner:
(1) A law enforcement officer of the Tribe or other government; or
(2) Any person authorized by the Tribal Court; or
(3) Any adult person who is not a party to the action.
D. Effective service of notice. Except as otherwise designated in this
Code, delivery will be effective when it is:
(1) Personally delivered to a tenant with a copy delivered by first-class
mail; or
(2) Personally delivered to an adult living in the premises with a copy
delivered by first-class mail; or
(3) Personally delivered to an adult agent or employee of the landlord
or the tenant with a copy delivered by first-class mail.
E. Substitute service of notice. Except as otherwise designated in this
Code, if the notice cannot be given by means of personal delivery,
or the landlord or tenant cannot be found, the notice may be delivered
by means of:
(1) Certified mail, return receipt requested, at the last known address
of the landlord or tenant; and
(2) Securely taping a copy of the notice to the main entry door of the
residence in such a manner that it is not likely to blow away, and
by posting a copy of the notice in some public place near the premises,
including a tribal office, or other commonly frequented place and
by sending a copy first-class mail, postage prepaid, addressed to
the tenant at the residence.
F. Copy of notice/proof of service. The person giving notice must keep
a copy of the notice and proof of service in accordance with this
Code, and be able to demonstrate service by affidavit or other manner
recognized by law.