After providing proper notice canceling or terminating a tenant's tenancy, as set forth in Article III of this Code, a tenant may be evicted from any premises, ordered to pay damages and costs, or otherwise be subject to the order or judgment of the Tribal Court for the breach of any obligation under this Code, any agreement, including an agreement to purchase or rent any dwelling, or for any other obligation provided by law. The following shall be grounds for eviction:
A.
Expiration of the lease. Generally, once a lease expires, whether
written or oral, year to year, or month to month, the landlord is
under no obligation to renew it. Occupation of any premises without
permission or agreement, following any reasonable demand by a person
in authority over the premises to leave.
B.
Nonpayment of rent. Any agreement in rent, costs, or damages which
have been due and owing for 30 calendar days or more shall be cause
for eviction. The receipt by a landlord of partial payments under
an agreement shall not excuse the payment of any balance due upon
demand. If the tenant pays the balance due during a grace period,
they cannot be evicted for nonpayment; however, if repeated late payments
occur within a six-month period, it shall be cause for eviction as
nonpayment of rent.
C.
Illegal conduct or serious nuisance. Breach of covenant per § 480-7F, Covenant, illegal conduct, or serious nuisance; an assault on a landlord or other tenant; use of the leased premises for selling, using or manufacturing illegal drugs, or other illegal conduct shall be cause for eviction. Serious nuisance, intentional or reckless damage, destruction, or injury to the property of the landlord or other tenants, or disturbing another tenant's right to peaceful and quiet enjoyment of a dwelling unit shall be cause for eviction. Tenants cannot cure an eviction based on breach of § 480-7F, Covenant, illegal conduct, or serious nuisance.
D.
Breach of other lease terms. Serious or repeated violations of the
material terms of the rental agreement, any reasonable rules or regulations
adopted by the landlord, or any applicable building or housing codes,
or other terms in the rental agreement which do not conflict with
the provisions of this Code shall be cause for eviction. If the tenant
cures the breach within 15 calendar days of the notice of the breach,
it nullifies the breach, unless a similar breach occurs within the
following six months. All parties are responsible to document breaches
and cured breaches.
Following a timely notice to terminate or cancel an agreement,
or providing notice to a person who occupies a dwelling without an
agreement to leave it, a tenant must be given notice to quit possession.
A.
Requirements of notice to quit possession. The following information
must be provided in the notice to quit possession of the premises:
(1)
The notice must be addressed to the known tenants of the premises,
although unknown occupants need not be named, and it shall state the
reason(s) for the notice and state a date by which the tenant must
leave the premises and surrender it to the landlord.
(2)
Notice must include a statement that the tenant may be legally represented
or accompanied, at the tenant's own expense, by a person of their
choice.
(3)
Any notice which substantially complies with the following form will
be sufficient:
To: [Name of Tenant] and occupiers of [address of premises or
reasonable description of location]
From: [Name of Landlord]
You are required to quit possession or occupancy of these premises,
move out, and return the possession of the premises to the landlord
on or before [date] for the following reason(s): [state specifically
what they are]
You have the right to an attorney at your own expense. You have
the right to be accompanied by a person of your choice, at your own
expense.
[Name and address of the person giving notice, date, and signature]
B.
Timeline to serve. The notice to quit possession must occur within 30 calendar days following the date of service of notice to terminate except for in cases of emergency or nuisance or injuries as provided in § 480-17, Notice to terminate tenancy, Subsection B(2) and (3), the tenant shall be given three business days to quit possession of the premises.
Any notice to quit must be in writing, and must be delivered
to the tenant(s) in the following manner:
B.
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.
C.
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.
The person providing 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.
A.
Negotiated settlement. After a notice to quit is served upon a tenant,
the landlord and tenant may engage in discussions to avoid a proceeding
to evict and settle the issue(s) between the parties. The agreement
to enter into discussions will not affect the rights of parties unless
the parties reach an agreement to waive any of their rights. In reaching
an agreement, the parties may consider, but are not limited to the
following options:
(1)
The parties may employ the use of advocates or attorneys;
(2)
The parties may employ the use of a mediator or conciliator, and,
if employed, both parties shall accept the recommendation of the mediator
or conciliator;
(3)
The parties may agree to any other barter for services and goods,
or to any other means of securing a fair exchange of value for the
use of the dwelling;
(4)
The parties may agree to dismiss the matter in exchange for any agreement
reached;
(5)
The parties may agree to stipulate to a judgment to be entered by
the Court.
B.
Stay of proceedings. Where the parties mutually agree in good faith
to proceed with such discussions and judicial eviction procedures
have been initiated, the Court shall only stay such proceedings until
the Court is notified by one or both parties that a hearing is required
or that a settlement has been reached; provided, that the Court may
only stay the proceedings for a maximum of 30 calendar days unless
both parties stipulate in writing to exceed the 30 calendar days and
the Court finds good cause to grant an extension.
Except by mutual consent of the parties, no landlord may compel
a tenant to vacate any premises in a forceful fashion or way which
causes a breach of the peace without giving a notice to cancel/terminate
lease and notice to quit, and obtaining a Court order as provided
in this Code.
Any notice to a landlord or tenant to comply with the agreement of the parties or this Code, other than a notice to cancel or terminate the agreement of the parties pursuant to Article III or a notice to quit the premises pursuant to Article IV, may be given in any reasonable manner, or as provided by the agreement of the parties.
