The rights, obligations, and remedies of landlords and tenants,
as defined in this Code, are contained in:
A.
Unless an agreement or an applicable provision of the agreement is clearly contrary to this Code or the laws identified in § 480-6, Sources of rights, obligations, and remedies, or § 480-4, Relation to other laws, the agreement or provision will govern the rights and obligations of any party before the Tribal Court, and the Tribal Court must grant the relief provided for in the agreement according to its terms.
B.
Where there is no written agreement, the intent of the parties expressed
in their oral agreement or relationship will govern, as well as applicable
provisions of this Code.
C.
Terms prohibited in rental agreements. No rental agreement shall
provide that the tenant agrees to:
(1)
Waive or forfeit their rights or remedies under this Code or any other applicable laws as identified in § 480-4, Relation to other laws;
(2)
To exculpate or limit the liability of the landlord or to indemnify
the landlord for that liability or the costs connected therewith;
(3)
To permit the landlord to dispossess them without resort to court
order;
(5)
Adverse possession by or against the tribe or its political subdivisions
is prohibited. No title to or interest in real property belonging
to the Tribe or any tribal department or organization of the tribal
government may be obtained by adverse possession.
D.
Term of tenancy. In the absence of a definite term in the rental
agreement, the tenancy shall be month to month.
E.
Payment of rent. In the absence of definite terms in the rental agreement,
rent is payable at the landlord's office (if known) or at the
dwelling unit. In the absence of definite terms, the amount of rent
shall be the fair market value of the rental unit.
F.
Covenant of landlord and tenant not to knowingly allow unlawful activities.
(1)
In every rental agreement, the landlord and the tenant covenant that
neither will:
(a)
Unlawfully allow controlled substances in those premises or
in the common area and curtilage of the premises; or
(b)
Allow prostitution or prostitution-related activities to occur
on the premises or in the common area and curtilage of the premises;
or
(c)
Allow unlawful use or possession of a firearm in violation of Menominee Tribal Law, Chapter 321, Firearms, or applicable federal law, on the premises or in the common area and curtilage of the premises; or
(d)
Allow stolen property or property obtained by robbery in those
premises or in the common area and curtilage of the premises.
(2)
Breach voids right to possession. A breach of the covenant in this
subsection voids the tenant's right to possession of the residential
premises. All other provisions of the rental agreement, including
but not limited to the obligation to pay rent, remain in effect until
the rental agreement is terminated by the terms of the agreement or
operation of law. If the tenant breaches the covenant the landlord
has the right to bring an eviction action against the tenant.
(3)
The parties to a lease may not waive or modify the covenant required
by this subsection.
A.
As the owner of the premises, only the landlord may promulgate reasonable
rules and regulations regarding the use and occupancy of the dwelling
unit.
B.
Such rules and regulations are enforceable against the tenant only
if:
(1)
The purpose is to promote the convenience, safety or welfare of the
tenants in the premises, preserve the landlord's property from
abusive use or make a fair distribution of services and facilities
held out for all the tenants generally;
(2)
The rules and regulations are reasonably related to the purpose for
which they are adopted;
(3)
The rules and regulations apply to all tenants in the premises in
a fair manner;
(4)
The rules and regulations are sufficiently explicit in their prohibition,
direction or limitation of the tenant's conduct to fairly inform
him of what he shall or shall not do to comply; and
(5)
The tenant has notice of the rules and regulations at the time s/he
enters into the rental agreement or when they are adopted.
C.
A rule adopted or amended after a tenant initially enters into a
rental agreement may be enforced against that tenant only if the new
or amended rule is reasonable, the tenant has notice of the rule,
and the rule is not a substantial modification of the original agreement.
Substantial modification is defined to mean any change in a rule which
results in one or more of the following:
D.
If a rule or regulation that would result in a substantial modification of the terms of the rental agreement is adopted after the tenant enters into the rental agreement, such rule or regulation is not valid unless the tenant consents to such rule or regulation in writing. If the tenant does not agree to the rule in writing, the landlord shall have cause for an eviction pursuant to § 480-17 Notice to terminate tenancy, § 480-18, Grounds for evictions, and § 480-19 Notice to quit process. For all new or amended rules that are reasonable, the landlord shall provide notice to the tenant 60 calendar days before the rule is effective.
Except as otherwise fairly and reasonably provided in a rental
agreement, each landlord subject to the provisions of this Code shall:
A.
Maintain the dwelling unit in a decent, safe, and sanitary condition.
B.
Comply with applicable building and housing codes.
C.
Make all necessary repairs to put and maintain the premises in a
fit and habitable condition, except where the premises are intentionally
rendered unfit or uninhabitable by the tenant or their guest, in which
case such duty shall be the responsibility of the tenant.
D.
Keep common areas clean, safe, and secure.
E.
Ensure tenant access to the dwelling unit.
F.
Maintain in good condition and safe working order all electrical,
plumbing, sanitary, heating, ventilating, air-conditioning, and other
facilities and appliances, where such things are not the responsibility
of the tenant or are generated by an installation within the exclusive
control of the tenant.
G.
Provide and maintain proper and appropriate receptacles and facilities
for the disposal of ashes, garbage, rubbish, and other waste.
H.
Provide running water, hot water, and heat in accordance with applicable
building and housing codes, except to the extent the tenant is required
to provide such for himself.
I.
Guarantee the right of quiet enjoyment of the dwelling unit to the
tenant and insure that the conduct of other tenants, their guests,
and other persons on the premises does not cause a nuisance, endangerment
of public health and safety, breach of peace, or interference with
the quiet enjoyment of the tenant.
J.
Give sole possession of the dwelling unit to the tenant in accordance
with the rental agreement and refrain from:
K.
Disclose, in writing, the name, address, and telephone number of
the person responsible for receiving rent, notices and demands under
this Code, the person authorized to manage the dwelling unit, the
owner of the premises or their agent, and the person responsible for
making repairs, where they are required.
Each landlord under this Code has the following rights:
A.
To be paid any rent or money due under an agreement within 10 business
days from the agreed date of payment, or within 10 business days following
the first day of the month in a month-to-month agreement for dwelling
occupancy. Rent is payable without demand or notice at the time and
place agreed upon by the parties. In the absence of a definite term
in the agreement, the tenancy is month to month, and if not stated
in the agreement, the amount of rent shall be the fair rental value
of the rental unit, as compared to similar rental units. In the absence
of a written agreement, the tenancy shall be month to month, and the
rent, if not otherwise evident from the situation, shall be the fair
market rental value of the unit, as compared to similar rental units.
Fair market rental value is the estimated amount of money a property
with a certain number of bedrooms, in a certain area of the country,
will rent for and includes a gross rent of base rent, as well as any
essential utilities that the tenant would be responsible for paying,
such as gas or electric. It does not include nonessential utilities
such as telephone, television or Internet. Fair market rental values
are established by the U.S. Department of Housing and Urban Development
(HUD) each year and may be utilized as a guideline.[1]
[1]
Note: See https://www.huduser.gov/portal/datasets/fmr/fmrs/FY2018_code/select_geography_sa.odn,
as annually amended.
B.
To adopt reasonable rules and regulations for the use and occupancy
of a dwelling which are designed to promote the convenience, safety,
and welfare of all occupants.
C.
To have access to the dwelling for maintenance, repairs, decorations,
alterations, or improvements to inspect the premises, to supply necessary
or agreed services, show the dwelling to prospective buyers or tenants,
or to otherwise have reasonable access to the premises. Such access
must be at reasonable times when the tenant is present, and upon a
notice of at least 24 hours, except in situations involving an emergency,
or where the tenant consents. No tenant who unreasonably denies access
to a landlord for these purposes may pursue an action or grievance
maintaining that any services or repairs were not provided.
D.
To require that the tenant comply with tribal laws or regulations
regarding housing, health, safety, or public order, keep the premises
reasonably clean and safe, dispose of all ashes, garbage, rubbish,
and waste in a clean and safe manner, keep the premises and its parts
in good repair, reasonably use all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning or other facilities and appliances.
Require the tenant to conduct themselves and require others on the
premises to conduct themselves in a way that will not disturb the
peaceful enjoyment of others or abuse property, use all parts of the
premises in a way they were intended or designed, and refrain from
destroying, defacing, damaging, or removing any part of the premises,
or allow any other to do so.
E.
Where a dwelling has been abandoned (the tenant has vacated without
notice and does not intend to return which is evidenced by removal
of possessions, nonpayment of rent, disconnected utilities, or expressed
to the landlord or third party) a landlord, without further notice
to the tenant may post a notice on the dwelling stating that the landlord
intends to take possession and that the tenant's possessions
will be inventoried and removed within 10 business days from the posting.
If the tenant's possessions are not claimed within 30 calendar
days from their removal from the abandoned dwelling, the landlord
may dispose of the possessions and document such actions in the tenant's
file.
F.
To file an action in Tribal Court as authorized by applicable laws
in order to enforce landlord rights under this Code.
Where a tenant has not complied with this Code or the agreement
of the parties, the landlord has the right to:
A.
Give reasonable notice to the tenant to comply with their obligations,
pay any monies due and owing under the agreement of the parties, or
the landlord has the right to terminate the agreement under which
the tenant occupies the premises, and demand that they and those with
them leave the premises.
B.
Require maintenance or repairs which are the responsibility of the
tenant and compliance with reasonable rules and regulations for occupancy.
C.
Seek a Court order or judgment for the payment of monies or costs,
for compliance with the agreements and obligations of tenants, for
termination of an agreement, payment of damages, eviction of tenants,
or any other relief to which he may be entitled by law or the agreement
of the parties.
Except as otherwise fairly and reasonably provided in a rental
agreement, every tenant under this Code shall have the following responsibilities
and obligations:
A.
To pay rent, purchase payments, costs, fees, or damages in accordance
with the agreement of the parties, this Code, and applicable law.
B.
To immediately notify the landlord of any defects in the premises
hazardous to life, health, or safety.
C.
To maintain the premises in a safe and clean manner, and to otherwise
maintain the premises as may be required by agreement or this Code,
and conduct themselves in using the premises and common areas in a
way which does not disturb the quiet enjoyment of others or cause
a breach of the peace. These obligations include the duty to require
that those who occupy or use the premises as guests or by invitation
conduct themselves in a similar way.
D.
To not give up the premises to others, assign a lease agreement,
sublease, provide accommodations for boarders, lodgers, or others
who are not parties to the agreement over the premises without the
permission of the landlord.
E.
To use the premises only for a personal and private dwelling as agreed,
and not to use or permit its use for any other purpose, including
refraining from illegal conduct or any other activity that is contrary
to written which may harm the physical or social environment of the
premises or the area around it.
F.
To abide by necessary and reasonable rules and regulations made by
the landlord that have been communicated to the tenant.
G.
To dispose of all ashes, garbage, rubbish and other waste, as well
as junk, abandoned vehicles, or other unnecessary items, in a proper,
sanitary, and safe manner.
H.
To use all electrical, plumbing, sanitary, heating, ventilating,
air-conditioning, and other facilities and appliances that are part
of the premises, and the property of the landlord, in a proper, safe,
sanitary, and reasonable manner.
I.
To refrain from destroying, defacing, damaging, or removing any part
of the premises or common tenant areas, and to require family members
and guests to act in like manner.
J.
To pay reasonable charges (other than for wear and tear) for the
repair of damages to the premises or common areas caused by the tenant,
their household or guests, or to make repairs for such damages where
that is the obligation of the tenant, all within 30 calendar days
of such damage, except as otherwise agreed upon by the parties.
K.
To provide the landlord access to the dwelling unit to perform maintenance
and repairs, inspect the premises, supply necessary or agreed-upon
services, or show the dwelling unit to prospective buyers or tenants,
provided that such access shall be at reasonable times when the tenant
is present, and upon reasonable written or verbal notice from the
landlord, except in emergency situations where the health, safety
or welfare of the tenant or the tenant's neighbor is in immediate
danger or where the tenant consents. No tenant who unreasonably denies
access to a landlord for these purposes may pursue an action or grievance
on the grounds that any services or repairs were not provided.
L.
To conduct themselves and cause other persons to conduct themselves
in a way that will not disturb or injure neighbors, and in a way that
will keep the dwelling and common areas in a decent, safe, and sanitary
condition.
M.
To perform seasonal maintenance or other maintenance reasonably required
by the agreement of the tenant or the reasonable rules and regulations
of the landlord.
Each tenant under this Code shall have the following rights:
A.
To quiet enjoyment of the premises and protection of that right by
the landlord against offending persons or things under the landlord's
control.
B.
To a warranty of habitability that the premises are decent, safe,
sanitary and suitable for human occupancy.
C.
Receipt of reasonable notice, as provided by this Code, for compliance
with the agreement of the tenant, termination of an agreement, or
eviction.
D.
To landlord compliance with applicable building or housing Codes.
E.
To a reasonable and effective means of dealing with the landlord
or agents, making complaints regarding the premises or agreement,
and having them resolved in a reasonable manner, and otherwise having
an effective opportunity to be heard and fairly treated.
F.
To adequate and timely maintenance and repair of those premises,
facilities, and appliances which are obligations of the landlord.
G.
To file an action in Tribal Court for purposes of enforcing rights
and duties established by the Menominee Tribal Constitution as authorized
under Article XVII, Section 2, Suits Against the Tribe in Tribal Courts
By Persons Subject to Tribal Jurisdiction, in order to enforce the
tenant's rights under this Code.
Where a landlord has not complied with this Code or the agreement
of the parties, the tenant has the following remedies:
A.
To give reasonable notice to the landlord in writing to comply with
obligations, demand repairs which are the responsibility of the landlord,
or terminate the agreement under which the tenant occupies the premises,
in accordance with procedures outlined in this Code.
B.
To require repairs or maintenance which are the responsibility of
the landlord.
C.
Should the landlord fail to make repairs, as duly noticed by the
tenant, within a reasonable time, the tenant may make necessary repairs
and deduct reasonable costs from the rent payment.
For the purposes of this section, a landlord may regain possession
of a dwelling unit, in accordance with this section, where the tenant
has abandoned the dwelling unit.
A.
Abandonment of the dwelling unit shall be presumed when the tenant
has vacated the unit without notice to the landlord and does not intend
to return, which is evidenced by:
(1)
An express statement by the tenant that s/he does not intend to occupy
the premises after a specified date; or
(2)
Terminated water, electrical, sewer, or other essential utility service
for more than 30 calendar days; or
(3)
Nonpayment of rent for two or more months and removal by the tenant
or their agent of substantially all of their possessions and personal
effects from the unit.
B.
The landlord may then send notice to the tenant at the last-known
address both by regular mail, postage prepaid, and by certified mail,
return receipt requested, and may post notice conspicuously on the
dwelling unit stating that:
(1)
There is reason to believe that the occupant has abandoned the dwelling
unit;
(2)
The landlord intends to reenter and take possession of the dwelling
unit unless the occupant contacts him within 10 business days of receipt
of the notice;
(3)
If the tenant does not contact the landlord, the landlord intends
to remove any possessions and personal effects remaining in the premises
and to rent the premises to another; and
(4)
If the tenant does not reclaim such possessions and personal effects within 30 days after the notice, they will be disposed of in accordance with § 480-39, Storage of personal property following forcible eviction, of this Code.
(5)
The notice shall be in clear and simple language and shall include
a telephone number and a mailing address at which the landlord can
be contacted. If the notice is returned as undeliverable, or if the
tenant fails to contact the landlord within 10 business days of the
receipt of the notice, the landlord may reenter and take possession
of the dwelling unit, at which time any rental agreement in effect
shall terminate.
D.
If the abandoned unit contains property of cultural, religious, or
ceremonial significance, the landlord shall have an affirmative duty
to notify next of kin and/or contact the Tribe in order to return
the items. If the landlord is the Tribe, the Tribe shall have an affirmative
duty to notify next of kin in order to return the items. The Tribe
may transfer or donate any unclaimed items to a tribal department,
entity, or organization.
B.
The deceased tenant or his or her estate is not liable for any rent
after the termination of his or her tenancy. Any liability of the
deceased tenant or his or her estate for rent under this subsection
is subject to the landlord's duty to reasonably mitigate damages.
C.
Nothing in this section relieves another adult cotenant of the deceased
tenant's premises from any obligation under a rental agreement
or any other liability to the landlord.
D.
A landlord under this section may not contact or communicate with
a member of the deceased tenant's family for the purpose of obtaining
from the family member rent for which the family member has no liability.
E.
The landlord may follow the provisions of § 480-15, Abandoned dwelling units, Subsections B through D, for the notice of and disposal of personal possessions of the deceased tenant, except that notice shall be given to the designee or representative of the deceased tenant's estate, or next of kin if no designee or representative comes forward.
