Revised: June 4, 2019

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WHITE EARTH NATION

TITLE III

HOUSING, TRIBAL PROPERTY AND UNLAWFUL DETAINER

AND MORTGAGE FORECLOSURE CODE

CHAPTER ONE—GENERAL PROVISIONS .......................................................................................... 3

§1.01

§1.02

§1.03

§1.04

Purposes and Interpretation .......................................................................................... 3

Definitions .................................................................................................................... 3

Jurisdiction.................................................................................................................... 6

Notice of Breach ........................................................................................................... 7

CHAPTER TWO—TENANCY ............................................................................................................. 9

§2.01

§2.02

§2.03

§2.04

§2.05

§2.06

§2.07

Rent ............................................................................................................................... 9

Damage or Security Deposits ....................................................................................... 9

Rent Escrow To Remedy Violations .......................................................................... 10

Tenancy and Expiration of Tenancy ........................................................................... 10

Holdover Tenant ......................................................................................................... 11

Duties of Parties Upon Termination of Tenancy ........................................................ 11

Landlord’s Transfer of Rental Property...................................................................... 11

CHAPTER THREE—COVENANTS UNDER PROPERTY LAW .............................................................. 12

§3.01

§3.02

§3.03

§3.04

§3.05

§3.06

§3.07

Possession. .................................................................................................................. 12

Trespass ...................................................................................................................... 12

Covenant of Habitability ............................................................................................ 12

Termination Due to Inhabitability .............................................................................. 13

Wrongful Removal or Exclusion from Dwelling Unit ............................................... 13

Tenant’s Right to Quiet Enjoyment ............................................................................ 14

Abandonment.............................................................................................................. 14

CHAPTER FOUR—RENTAL AGREEMENTS ...................................................................................... 16

§4.01

§4.02

§4.03

§4.04

§4.05

§4.06

§4.07

Required Provisions .................................................................................................... 16

Default Provisions ...................................................................................................... 16

Writing Requirement .................................................................................................. 17

Use and Occupancy of Premises Restrictions ............................................................ 17

Good Faith Performance or Enforcement ................................................................... 18

Termination Due to Landlord Violating Terms of the Rental Agreement ................. 18

Damages ..................................................................................................................... 18

CHAPTER FIVE—LANDLORD AND TENANT TORT LIABILITY ......................................................... 20

§5.01

§5.02

§5.03

Duty to Maintain ......................................................................................................... 20

Negligence Petition..................................................................................................... 20

Remedies .................................................................................................................... 20

CHAPTER SIX— EVICTION AND ENFORCEMENT ............................................................................. 22

§6.01

Grounds for Eviction .................................................................................................. 22

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§6.02

§6.03

§6.04

§6.05

§6.06

§6.07

§6.08

§6.09

§6.10

§6.11

Notice to Vacate Requirements .................................................................................. 23

Serving Notice to Vacate ............................................................................................ 23

Pre-Eviction Options .................................................................................................. 24

Eviction Action ........................................................................................................... 24

Burden of Proof .......................................................................................................... 25

Tenant’s Defenses....................................................................................................... 25

Landlord’s Rights not Limited ................................................................................... 26

Writ of Recovery Execution and Order to Vacate ...................................................... 26

Stay of Writ of Recovery ............................................................................................ 28

Appeals ....................................................................................................................... 28

CHAPTER SEVEN—CRIME-FREE/DRUG-FREE HOUSING ................................................................ 31

§7.01

§7.02

§7.03

§7.04

Drug-Related Illegal Activities ................................................................................... 31

Expedited Eviction or Lease Termination .................................................................. 31

Standard for Granting Expedited Eviction ................................................................. 32

Court Ordered Right to Immediate Possession........................................................... 32

CHAPTER EIGHT—VICTIMS OF VIOLENCE’S RIGHT TO TERMINATE RENTAL AGREEMENT ............ 34

§8.01

§8.02

§8.03

§8.04

§8.05

Right to Terminate Rental Agreement........................................................................ 34

Procedure .................................................................................................................... 34

Treatment of Information ........................................................................................... 34

Liability for Rent; Termination of Tenancy ............................................................... 34

Waiver Prohibited ....................................................................................................... 35

CHAPTER NINE—MORTGAGE AND FORECLOSURE ........................................................................ 36

§9.01

§9.02

§9.03

§9.04

§9.05

§9.06

§9.07

§9.08

§9.09

Recording.................................................................................................................... 36

Pre-Foreclosure Procedures ........................................................................................ 36

Foreclosure ................................................................................................................. 37

Summons and Complaint............................................................................................ 37

Cure of Default by Subordinate Lienholder ............................................................... 38

Judgment and Remedy................................................................................................ 38

Foreclosure Evictions ................................................................................................. 39

Certified Mailing to Tribe and Landlord .................................................................... 39

Intervention ................................................................................................................. 39

CHAPTER TEN—FEDERAL RULES AND REGULATIONS ................................................................... 40

§10.01 Federal Rules and Regulations ................................................................................... 40

CHAPTER ELEVEN—APPEALS ........................................................................................................ 41

§11.01 Appeals ....................................................................................................................... 41

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CHAPTER ONE—GENERAL PROVISIONS

§1.01 Purposes and Interpretation

1. This Title shall be liberally construed and applied to carry out its purposes and intent.

2. This Title shall:

(a) Simplify, clarify, modernize and revise the law governing the occupation of

dwelling units and accommodations, as well as the rights, obligations and

remedies of the owners, sellers, lessors, landlords, lessees, tenants and occupiers

of such structures;

(b) Encourage owners and occupiers of dwellings to maintain and improve them in

order to improve the quality of housing as a tribal resource;

leased buildings, offices, property and real estate;

(d) Preserve the peace, harmony, and safety of the people of the White Earth Nation

and those who enter or reside within the exterior boundaries of the White Earth

Reservation;

(e) To avail the White Earth Nation, tribal entities, and tribal members of financing

for the construction and/or buying of family residences on trust or fee land within

the jurisdiction of the White Earth Nation by setting forth procedures for the

recording, priority, and foreclosure of mortgages given to secure loans made by or

through any government lending institution; and

(f) To establish laws and procedures which are necessary to obtain governmental

funding for tribal housing programs or loan guarantees for private or tribal

housing construction, purchase or renovation.

§1.02 Definitions

1. The following definitions shall apply for the purposes of this Title unless a different

meaning is expressly provided, or the context clearly indicates a different meaning:

(a) An “Action,” “Suit or lawsuit,” “Claim,” “Complaint” or “Defense” will

include any dispute between persons, entities or tribal agencies which relates to

the sale, rent, use or occupancy of any housing, dwelling, tribal office or tribally

owned or leased property or accommodation for occupancy, including claims for

the payment of monies for such housing, dwelling, tribal office or tribally owned

or leased property or accommodations, damages to such buildings, fees, costs or

expenses relating to them, the condition of such buildings, fees, costs or expenses

related to them, the condition of such buildings or the relationships between the

owners and occupiers of such buildings, including the right to occupy or use

them.

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(b) “Building or housing titles” are any law, ordinance or governmental regulation of

the White Earth Nation or an agency of the United States which deals with fitness

for habitation, health conditions or the safety, construction, maintenance,

operation, occupancy, use or appearance of any dwelling unit. Where appropriate

to the situation, standard or nationally-recognized building standards or titles may

be applied as building titles or housing titles.

tenant as and for security and which is to be returned to the tenant upon

termination of the rental agreement, less any deductions properly made and

allowed by this Title or any law, rule or regulation of the United States of

America promulgated to effectuate the Low Income Rental Program or any other

low income housing program, or U.S. governmental housing program

administered by the White Earth Housing Authority (hereinafter referred to as

“WEHA”) and other tribal agencies.

(d) “Domestic Abuse Advocate” means a person who provides services to victims of

dating violence, domestic abuse, domestic violence, sexual assault, or stalking

under a victim services provider.

(e) A “Dwelling” or “Dwelling unit” means a structure or part of a structure that is

used as a home, residence or sleeping place by one or more persons.

(f) “Family or household member” means all of the customary family relationships

recognized by the White Earth Nation, including extended family relationships,

which include:

Adults who are current or former spouses;

ii.

Adults who are dating, who have dated, or who are engaged in or who

have engaged in a sexual relationship;

iii.

Adults or children who are related or formerly related by marriage as

recognized by Western or Ojibwe tradition;

iv.

Persons who have a child in common or who are expecting a child in

common, regardless of whether they have been married or resided together

at any time;

Children of a person in a relationship described in paragraphs (i) through

(iv) above;

vi.

Any adult or children who reside in the household;

vii.

Persons who have a biological, legal, or kinship parent-child relationship,

including stepparents and stepchildren and grandparents and

grandchildren; and

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viii.

Persons who are related by blood, adoption, or marriage.

(g) “Good faith” means honesty in fact in the conduct of the transaction concerned.

(h) An “Indian” is any person recognized as being Indian or Alaskan Native by any

Tribe, the government of the United States, or any state, or any person who is

recognized or acknowledged to be Indian in the community and who has an

ancestor or ancestors who resided on the North American continent prior to 1492.

(i) “Indian country” the “territorial jurisdiction” or the “jurisdiction” of the White

Earth Nation shall include all lands within the exterior boundaries of the White

Earth Reservation or any other land owned by the White Earth Nation.

(j) “Landlord” means the owner, manager, lessor, or sublessor of the dwelling unit

or the building of which it is a part.

(k) “Owner” means one or more persons, entity, tribal agency or agency of any

government, either jointly or severally in whom is vested:

All or part of the legal title to the property; or

ii.

All or part of the beneficial ownership and a right to present use and

enjoyment of the property, and such term includes a lender/mortgagee in

possession.

(l) A “Person” includes an individual, organization, public agency, corporation,

partnership or any other entity recognized by law.

(m) “Premises” means a dwelling unit and the structure of which it is a part, the

facilities and appurtenances therein, and the grounds, areas, facilities held out for

the use of the tenant generally or use of which is promised to the tenant.

(n) “Rent” means all payments to be made to an owner or landlord for the lease,

purchase, or occupancy of a dwelling under an express or implied agreement for

the purchase or occupancy of it. For the purposes of this Title, this does not

include deposits and damages, but does include all other payments to be made

under any agreement for either the purchase or occupation of a dwelling,

including all lease or mutual help and occupancy agreements. The term shall also

include any payment due and owing for the purposes of any eviction due to a

default in a purchase agreement or any other agreement for the sale of housing.

(o) “Rental Agreement” means any agreement, written or oral, of the parties, as well

as valid rules, regulations, and policies regarding the terms and conditions for any

use or occupancy of a dwelling or premises. For purposes of this Title, it shall

also include any agreement which governs the use and occupancy of a dwelling

under a use and occupancy agreement, lease, or any sales agreement where a

person has not yet achieved home ownership under that agreement.

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(p) The “Reservation” The land reserved to the White Earth Band of Ojibwe as

recognized under the 1867 Treaty of Washington between the Mississippi Band of

Chippewa Indians and the United States, 16 Stat. 719, including all lands which

are now or in the future located within the exterior boundaries of the

aforementioned treaty; any and all land held in trust for the Tribe by the United

States; and all other considered “Indian Country” as defined by 18 U.S.C. §1151

that is associated with the Tribe.

(q) “Single-Family Residence” means a structure used and maintained as a single

dwelling unit. A dwelling unit, including those with common walls, shall be

deemed a single-family residence if it has direct access to a street or thoroughfare

and shares neither heating facilities, hot water equipment, nor any other essential

facility or service with any other dwelling unit.

(r) A “Tenant” is any person, lessee, or sublessee entitled to rent, purchase or occupy

a dwelling under a written or oral agreement to rent, occupy or purchase a

dwelling, and it includes any person legally occupying a dwelling that he or she

does not own.

(s) “Tribal Council” means the governing body of the White Earth Nation.

(t) “Tribal Court” means the White Earth Tribal Court, the judicial body of the

White Earth Nation.

(u) “Tribal Office” means any building, structure or place used by the White Earth

Nation tribal government for business.

§1.03 Jurisdiction

1. This Title shall apply to any and all agreements, whether written or oral, in selling,

renting, leasing, occupying or using any and all housing, dwelling, offices, places or

accommodations for residential or commercial purposes.

2. The White Earth Tribal Court shall assert jurisdiction over all buildings and lands

intended for dwelling, occupation, residence or commercial development which may lie

within the exterior boundaries of the White Earth Reservation and all other lands owned

by the White Earth Nation.

3. Jurisdiction is extended over all persons or entities within the jurisdiction of the White

Earth Nation who sell, rent, lease, or allow persons to occupy housing, dwellings, or

accommodations for the purpose of residence or commercial development, and all

persons who buy, rent, lease or occupy such structures. Such personal jurisdiction is

extended over all persons and entities, who rent, lease, or otherwise occupy or reside in

buildings or lands described in §1.03, (2) regardless of tribal membership status; and

4. The White Earth Tribal Court shall exercise exclusive jurisdiction over all matters with

respect to this Code which arise within the exterior boundaries of the White Earth

Reservation and all other lands owned by the White Earth Nation and involve any person

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or entity entering into consensual transactions with the White Earth Nation and any of its

governmental agencies including but not limited to the WEHA and other tribal agencies.

5. Jurisdiction is extended over all buildings situated on lands owned by, held in trust for,

leased by the White Earth Nation, its members, WEHA and other tribal agencies, or any

other entity of the White Earth Nation, irrespective of its situs.

§1.04 Notice of Breach

1. The tenant or landlord shall serve written notice of a breach a covenant, the rental

agreement, or duty of care as follows to the other party to under this section.

2. The landlord shall serve the tenant personally if possible. If the tenant cannot be located,

service shall be made by delivering the notice to any family member residing with the

tenant who is over the age of sixteen (16) years. If service cannot be made on the tenant

personally or on such family member, notice shall be posted at a conspicuous place on

the dwelling unit of the tenant. If the notice is posted, a copy of such notice shall be

mailed to the tenant by certified mail, return receipt requested. The landlord must keep a

copy of the notice to vacate and proof of service in accordance with this section, by

affidavit or other manner recognized by law.

3. The tenant shall provide written notice of breach and/or intent to vacate to the landlord

personally or by mailing the notice to the landlord at the landlord’s address or as

otherwise specified within the terms of the rental agreement.

4. Except upon the termination of the tenancy or emergency, a tenant who, between

November 15 and April 15, removes from, abandons, or vacates a building or any part

thereof that contains plumbing, water, steam, or other pipes subject to damage from

freezing shall provide the landlord three (3) days' notice of intent to vacate.

5. The landlord or any successor shall prominently and in writing identify what person at

what address is entitled to accept service or notice. The landlord or any person authorized

to enter into a rental agreement on the landlord’s behalf shall disclose to the tenant in

writing at or before the commencement of the tenancy the name and address of:

(a) The person(s) authorized to manage the premises;

(b) The owner(s) of the premises; or

for the purpose of receipt of service of process and notice.

(d) The information required by this section shall be kept current. Failure to comply

with this section may result in sanctions against the owner or landlord.

6. If a party has properly notified the other of the breach and the party has refused or failed

within a reasonable time to remedy the aggrieved party may petition the Court.

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(a) If the aggrieved party is a landlord seeking eviction the party shall proceed under

Chapter 6 of this Title.

(b) If the aggrieved party is a tenant, the process will commence under the White

Earth Rules of Civil Procedure.

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CHAPTER TWO—TENANCY

§2.01 Rent

1. In the absence of an agreement, the occupants of a dwelling unit shall pay to the landlord

as rent the fair rental value for the use and occupancy of the dwelling unit.

2. Rent shall be payable at the time and place agreed to by the parties. Unless otherwise

agreed, the entire rent shall be payable at the dwelling unit at the beginning of any term

of one (1) month or less, while one (1) month’s rent shall be payable on the first (1st) of

each month of a longer term.

3. Upon the landlord’s delivery of the premises, the tenant shall pay rent without demand or

notice at the time and place agreed upon by the parties. Failure of the landlord to deliver

the premises or keep the premises in habitable condition may allow the tenant to cease

paying rent. The tenant may set up a rent escrow account with the tribal court

administrator under §2.03.

4. If rent is unpaid when due, the landlord shall provide written notice detailing their

demand for payment. If the tenant fails to pay rent within five (5) days after the landlord

properly served written notice, the landlord may bring an action for recovery of the rent

and/or eviction at any time.

§2.02 Damage or Security Deposits

1. Any damage or security deposit required by a landlord of a tenant must be kept in an

escrow account for the tenant. Misappropriation of the security deposit shall be subject to

civil penalties not to exceed treble the amount of the damage deposit misappropriated

from the escrow account.

2. Upon termination of the tenancy, any security deposit held by the landlord may be

applied to the payment of accrued rent and the amount of damages which the landlord has

suffered by reason of the non-compliance with this Code and the rental agreement, all as

itemized by the landlord in a written statement to be delivered by certified mail with a

return receipt requested and to be signed for by the tenant or any family member residing

with the tenant who is over the age of sixteen (16) years or in person to if he or she can

be found. If the landlord proposes to retain any portion of the security deposit for rent,

damages or other legally allowable charges under the provisions of this Code or the rental

agreement, the landlord shall return the balance of the security deposit without interest to

the tenant within thirty (30) days after the termination of the tenancy and delivery of

possession.

3. Upon cessation of a landlord’s interest in the dwelling unit, including but not limited to,

termination of interest by sale, assignment, death, bankruptcy, appointment of receiver or

otherwise, the person in possession of the tenant’s damage or security deposits shall,

within a reasonable time:

(a) Transfer said deposits to an escrow account as specified by the new landlord and

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notify the tenant(s) in writing of such transfer and of the new landlord’s name and

address; or

(b) Return the deposits to the tenant(s).

4. Upon receipt of the transferred deposits as set out in §2.02, (3)(a) above, the new

landlord, in relation to such deposits, shall have all the rights and obligations of a

landlord holding such deposits under this Code.

5. If a landlord fails to comply with this section or fails to return any prepaid rent required

to be paid to a tenant under this Code, the tenant may obtain a court order to recover the

damage and security deposit and prepaid rent, if any.

6. Except as otherwise provided by the rental agreement, a tenant shall not apply or deduct

any portion of the security deposit from the last month’s rent or use or apply such

tenant’s security deposit at any time in lieu of payment of rent.

7. This section does not preclude the landlord or tenant from recovering other damages to

which he or she may be entitled under this Code.

8. Tenants in rental units under the ownership or management of the WEHA or any other

tribal agency may bring an action for settlement or accounting of the disputed accounts

and contributions only after the tenants have exhausted all administrative remedies

provided by the WEHA or any other tribal agency.

§2.03 Rent Escrow To Remedy Violations

If a landlord has violated a covenant for possession in §3.01 (2), inhabitability in §3.04(1),

wrongful removal in §3.05(1), quiet enjoyment in §3.06 (7), a residential tenant may deposit the

amount of rent due to the landlord along with a copy of the written notice of the violation as

defined in §1.04 with the court administrator.

§2.04 Tenancy and Expiration of Tenancy

1. Unless the rental agreement fixes a definite term in writing, the tenancy is week-to-week

in the case of a tenant who pays weekly rent, and in all other cases month-to-month.

2. When the tenancy is month-to-month or a tenancy at will, the landlord or tenant may set

the tenancy to expire by providing a written notice as provided in §2.04 to the other party

at least one full month before the date upon which the termination is to become effective.

3. When the tenancy is less than month-to-month, the landlord or tenant may set the tenancy

to expire provided the landlord or tenant gives to the other a written notice served as

provided in this section at least seven (7) days before the date upon which the termination

is to become effective.

4. Unless earlier terminated or unless otherwise agreed upon, a tenancy for a definite term

expires on the ending date thereof without notice.

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§2.05 Holdover Tenant

If the tenant remains in possession without the landlord’s consent after the expiration of the

rental agreement or its termination by operation of law, the landlord may immediately bring an

action in Tribal Court for possession and damages. If the tenant’s holdover is willful and not in

good faith, the landlord may also recover an amount which is twice the average monthly rental,

computed and pro-rated on a daily basis, for each month or portion thereof that said tenant

remains in possession.

§2.06 Duties of Parties Upon Termination of Tenancy

Except as otherwise provided in this Code, whenever either party to a rental agreement rightfully

elects to terminate, the duties of each party under the rental agreement shall cease and be

determined upon the effective date of said termination, and the parties shall thereupon discharge

any remaining obligations under this Code as soon as practicable.

§2.07 Landlord’s Transfer of Rental Property

1. A conveyance of real estate, or of any interest therein, by a landlord shall be valid

without the notice to tenant, but the payment of rent by the tenant to the landlord at any

time before written notice of the conveyance is given to the tenant shall be good against

the new landlord.

2. Unless otherwise agreed and except as otherwise provided in this Code, upon termination

of the landlord’s interest in the dwelling unit, including but not limited to, terminations of

interest by sale, assignment, death, bankruptcy, appointment of a receiver or otherwise,

the landlord shall provide written notice to the tenant of the termination of the landlord’s

interest and then is relieved of all liability under the rental agreement and of all

obligations under this Code as to events occurring. The tenant to the landlord shall be

liable for all obligations under the rental agreement or under this Code. Upon receipt by a

tenant of written notice of the termination of the landlord’s interest in the dwelling unit, a

tenant shall pay all future rental payments, when due, to the new landlord.

3. Unless otherwise agreed and except as otherwise provided in this Code, a manager of

premises that includes a dwelling unit is relieved of liability under a rental agreement and

this Code as to events occurring after written notice to the tenant of the termination of

management.

4. Any agreement, assignment, conveyance, trust deed or security instrument which

authorizes a person other than the beneficial owner to act as a landlord of a dwelling unit

shall not relieve the beneficial owner of the duty to conform with this Title and any other

controlling law, title, ordinance or regulation concerning the maintenance and operation

of the premises.

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CHAPTER THREE—COVENANTS UNDER PROPERTY LAW

§3.01 Possession.

1. At the commencement of the term of tenancy, a landlord shall deliver full possession of

the premises to the tenant in compliance with the rental agreement.

2. If the landlord fails to deliver possession of the dwelling unit to the tenant, rent abates

until possession is delivered and the tenant may:

(a) terminate the rental agreement by giving a written notice of such termination to

the landlord, whereupon the landlord shall return all prepaid rent and deposit; or

(b) demand performance of the rental agreement by the landlord and maintain an

action for possession of the dwelling unit against any person wrongfully in

possession, the landlord, and/or anyone in actual possession, and recover the

actual damages sustained.

3. The landlord may bring an action for possession against any other person wrongfully in

possession. The court may evict the possessor and award damages to the landlord.

§3.02 Trespass

When the person currently holding possession of the property has no lawful right to occupy the

dwelling, said person shall be considered to be a trespasser in violation of the White Earth Civil

Trespass Ordinance, the White Earth Criminal Trespass Ordinance, and the criminal trespass

provisions contained in Minnesota statutes. The trespasser may be cited criminally and held

civilly liable for any and all damages.

§3.03 Covenant of Habitability

1. Upon conveying any residential premises to a tenant in exchange for rent, the landlord

promises:

(a) that the premises and all common areas are fit for the use intended by the parties;

(b) to keep the premises in reasonable repair during the term of the lease or license,

except when the disrepair has been caused by the willful, malicious, or

irresponsible conduct of the tenant or licensee or a person under the direction or

control of the tenant or licensee;

5.703 - Physical Condition Standards for HUD Housing that is Decent, Safe,

Sanitary and in Good Repair, and health and safety laws of the local units of

government where the premises are located during the term of the lease or license,

except when violation of the health and safety laws has been caused by the

willful, malicious, or irresponsible conduct of the tenant or licensee or a person

under the direction or control of the tenant or licensee.

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§3.04 Termination Due to Inhabitability

1. If the dwelling unit or premises are damaged or destroyed by fire or if some other

occurrence renders the premises uninhabitable or poses an imminent threat to the health

and safety of any occupant, the tenant may give the landlord written notice to the landlord

which specifies the breach and their intent to;

(a) terminate the lease effective in one (1) day. If the landlord does not repair or give

definite assurances to the tenant’s written satisfaction within that period, the lease

shall be terminated the following day; or

(b) Procure reasonable amounts of heat, hot water, running water, electric, gas or

other essential service during the period of the landlord’s non-compliance and

deduct their actual and reasonable cost from the rent; or

dwelling unit; or

(d) Procure reasonable substitute housing during the period of the landlord’s noncompliance, during this time the tenant shall be excused from paying rent for the

uninhabitable residence.

A tenant’s failure to immediately notify the landlord of the defects in the property which

threatens their life, health, or safety, waives their right to any remedies under this section,

and may be liable to landlord for damages caused by their failure to provide notice.

2. If the condition complained of was caused by a deliberate or negligent act or omission of

the tenant, a member of the tenant’s family, the tenant’s animal or pet or other person or

animal on the premises with the tenant’s consent, the rights of the tenant do not apply.

3. If the rental agreement is terminated under this section, the landlord shall return all

unused deposits. If the tenancy is week to week or month to month, the landlord shall

return all prepaid rents for future periods. Accounting for rent in the event of termination

or apportionment shall be made as of the date of the fire or casualty.

§3.05 Wrongful Removal or Exclusion from Dwelling Unit

1. If a landlord wrongfully removes or excludes a tenant from possession of a dwelling unit,

the tenant may; recover damages and/or possession in a proceeding brought in the Tribal

Court. A tenant may also terminate the rental agreement after giving written notice.

2. A landlord signing a separate lease with a new tenant for a dwelling still under an

existing tenant’s control constitutes wrongful exclusion under this title.

(a) In such cases the landlord shall be liable to both tenants for damages and/or

possession and/or termination of the lease.

(b) A landlord may only add a new tenant to a lease is to execute a new lease signed

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by all existing tenants as well as the tenant(s) being added. The new lease may

relate back to the original date by written agreement of the parties.

3. The tenant may recover an amount not more than three times the average monthly rent, or

actual damages, whichever is greater. If the rental agreement is terminated, the landlord

shall return all unused deposits and if the tenancy is week to week or month to month, the

landlord shall return all prepaid rents for future periods.

§3.06 Tenant’s Right to Quiet Enjoyment

1. A tenant has the right to enjoy the whole use of their rental property without undue

interference by the landlord or a third party.

2. Except in case of emergency or unless it is impracticable to do so, the landlord shall give

the tenant at least one (1) days’ notice of intent to enter and may enter only at reasonable

times. A landlord shall not abuse the right of access or use it to harass the tenant.

3. The tenant shall not unreasonably withhold consent to the landlord or the landlord’s

agents or employees to enter the dwelling unit to inspect the premises, make necessary or

agreed repairs, decorations, alterations, or improvements, supply necessary or agreed

services, or exhibit the dwelling unit to prospective or actual purchasers,

lender/mortgagees, tenants, workmen or contractors.

4. A landlord and the landlord’s agents, employees, or contractors may enter the dwelling

unit without the consent of the tenant in case of an emergency. Within seven (7) days of

such entry, the landlord shall provide the tenant with written notice, in a manner provided

under §1.04, of the date and purpose of the entry, the names of the people who entered,

and any actions that those people took in the dwelling.

5. Unless the tenant has abandoned or surrendered the premises, a landlord has no right of

access during a tenancy except as is provided in this Code or pursuant to a court order or

the rental agreement.

6. If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to

compel access.

7. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or

harasses the tenant by making repeated unreasonable demands for entry, the tenant may

obtain injunctive relief to prevent the recurrence of the conduct or, upon written notice,

terminate the rental agreement. In either case, the tenant may recover actual damages.

§3.07 Abandonment

1. Where a tenant leaves the dwelling unit without safely providing for essential services

such as continued heat and running water, the landlord may deem the unit abandoned,

enter to make reasonable repairs to reduce damages, and file a motion to seek emergency

possession.

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2. A landlord may file a motion for emergency possession with the Tribal Court alleging

abandonment. The hearing on the petition for emergency possession shall occur within

two weeks of the filing date.

3. If the tenant abandons or surrenders possession of the dwelling unit or has been lawfully

removed from the premises through eviction proceedings and leaves household goods,

furnishings, fixtures, or any other personal property in the dwelling unit, the landlord may

take possession of the property, and store it for one (1) month at the tenant’s expense.

After one (1) month;

(a) The landlord may dispose of any unclaimed property without a duty of accounting

or any liability to any party.

(b) If through the process of removing the abandoned property the landlord believes

an item is of cultural, religious, or ceremonial significance, the landlord shall

make reasonable efforts to locate next of kin, or where next of kin is not found,

contact the Tribe to return these items.

4. If the tenant wrongfully vacates and abandons the dwelling unit during the term of the

tenancy, the landlord shall make reasonable efforts to make the dwelling unit available

for rental. If the landlord rents the dwelling unit for a term beginning before the

expiration of the rental agreement, said rental agreement automatically terminates

without further notice as of the commencement date of the new tenancy.

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CHAPTER FOUR—RENTAL AGREEMENTS

§4.01 Required Provisions

1. These minimum rights and responsibilities of landlords and tenants which cannot be

waived by consent of the parties;

(a) The landlord shall 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 landlord of the premises or

his agent, and the person responsible for making repairs, where they are required;

(b) The landlord shall maintain in good and safe working order and condition all

electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other

facilities and appliances, including elevators, supplied or required to be supplied;

(d) No party may intentionally or recklessly cause nuisance or damage, destruction,

or injury to the landlord’s personal property, other tenants’ property, or property

within common areas; or disturbing another tenant's right to quiet enjoyment of a

dwelling unit;

(e) A Rental Agreement may not authorize any person other than the landlord or

tenant to confess judgment on a claim arising out of the rental agreement; and

(f) Neither party may waive or modify the covenants imposed by Chapter 3 of this

Title.

§4.02 Default Provisions

1. Unless the parties sign an agreement in conspicuous writing to the alternative, the

following provisions shall be part of all rental agreements under this Title. Failure of

either party to uphold these provisions shall give the injured party the right to commence

a petition for damages under §4.07.

2. The Landlord shall;

(a) Except in the case of one or two-family residences or where provided by a

governmental entity, provide and maintain appropriate receptacles and

conveniences for the removal of ashes, garbage, rubbish and other waste

incidental to the occupancy of the dwelling unit and arrange for the frequent

removal of such wastes; and

(b) Except in the case of a one or two-family residence or where the service is

supplied by direct and independently-metered utility connections to the dwelling

unit, supply running water and reasonable amounts of hot water. at all times and

reasonable heat.

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3. The Tenant shall;

(a) Keep that part of the premises which such tenant occupies and uses as safe, clean

and sanitary as the condition of the premises permits;

(b) Dispose from such tenants dwelling unit all ashes, garbage, rubbish and other

waste in a safe, clean, and sanitary manner;

sanitary as their condition permits;

(d) Not engage in conduct or allow any person or animal or pet on the premises with

the express or implied permission or consent of the tenant, to engage in conduct

that will disturb the quiet and peaceful enjoyment of the premises of other tenants;

(e) Not allow children, members of the household, or guests to deface, destroy, paint

with graffiti, mutilate or damage the premises in any way. Parents or adults with

responsibility for supervising and controlling said children shall be legally and

financially responsible for all actions of such children;

(f) Not use the dwelling unit for any purpose other than as a place of abode; and

(g) Pay reasonable charges for the repair of damages, other than normal wear and

tear, to the dwelling unit, premises, or common areas caused by the tenant,

members of the household, or guests, or to repair such damages as required under

the rental agreement, within thirty (30) calendar days of such damage.

§4.03 Writing Requirement

1. Rental agreements for term tenancies for a period of longer than one year must have a

written rental agreement which must at a minimum indicate the parties, the term length,

and be signed by the party against whom a suit is being brought.

2. A landlord of a residential building with 12 or more residential units must have a written

lease for each unit rented to a residential tenant.

§4.04 Use and Occupancy of Premises Restrictions

1. A landlord, from time to time, may adopt a rule, regulation, or policy however described,

concerning the tenant’s use and occupancy of the premises. Such a rule, regulation, or

policy is enforceable against the tenant only if:

(a) The landlord adopted the policy in good faith;

(b) It is sufficiently explicit in its prohibition, direction or limitation of the tenant’s

conduct to fairly inform the tenant of expectations;

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(d) The tenant has notice of it at the time such tenant enters into the rental agreement

or within a reasonable time after it is adopted.

2. If the rule, regulation, or policy is adopted after the tenant enters into the rental

agreement and that rule, regulation, or policy creates a substantial modification of such

tenant’s bargain, the rule, regulation, or policy so adopted is not valid and enforceable

against the tenant unless the tenant consents to it in writing.

§4.05 Good Faith Performance or Enforcement

Every duty and every act which must be performed as a condition precedent to the exercise of a

right or remedy under this Chapter imposes an obligation of good faith in its performance or

enforcement.

§4.06 Termination Due to Landlord Violating Terms of the Rental Agreement

1. If the landlord has materially violated the terms of the rental agreement which does not

threaten the tenant’s immediate welfare, the tenant may deliver a written notice either;

(a) to terminate the rental agreement which specifies the acts or omissions

constituting the breach. The landlord shall have fourteen (14) days to remedy the

breach. If the landlord fails to remedy the breach the rental agreement will

terminate upon a date specified by the tenant not less than thirty (30) days after

receipt of the notice.

(b) to correct the condition at the landlord’s expense. The tenant may thereafter cause

the work to be done in a workmanlike manner and, after submitting an itemized

statement to the landlord, deduct from the rent the actual and reasonable cost of

the work, in which event that breach shall not terminate the rental agreement.

2. If the rental agreement is terminated under this section, the landlord shall return all

unused deposits. If the tenancy is week to week or month to month, the landlord shall

return all prepaid rents for future periods. Accounting for rent in the event of termination

or apportionment shall be made as of the date of the fire or casualty.

§4.07 Damages

1. An aggrieved party under the provisions of this Code has a duty to mitigate damages.

2. If the Court finds that a party has materially breached the rental agreement, it shall

terminate the rental agreement under §4.05.

(a) If the party in breach is the tenant the landlord must comply with the notice of

eviction requirements under §6.02 and §6.03, prior to the Court issuing a writ of

recovery under §6.09.

3. If the Court finds that a party has not materially breached the rental agreement it may

award compensatory damages.

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4. Compensatory damages may be paid to the petitioner or the Court in any following

manners;

(a) The respondent shall within a court specified period of time execute a valid check

for the full amount owed.

(b) The respondent shall pay the petitioner back through a corresponding increase or

decrease in rent for a court specified period of time. Such increases will not be

considered a retaliatory raise in rent under §6.07.

which has reasonably been determined to have a value as near as practicable to

the amount owed. Provided that such lien shall be secondary to the claim of any

prior bona fide holder of chattel mortgage or to the rights of a conditional seller of

such property, other than the respondent. The respondent shall deliver the

property to the petitioner within a court specified period of time.

5. If the Court finds that the respondent is judgment proof, the Court may issue an eviction

order under §6.10 or terminate the lease under §4.05. The Court may base its finding on

any of the following;

(a) The respondent’s admission to being judgment proof;

(b) The respondent appearing in court in forma pauperis;

property to pay off the debt;

(d) The respondent failing to pay off the debt in a Court specified period of time

under §5.03(1)(a); or

(e) The respondent failing to deliver the property which the petitioner has placed a

lien on within a Court specified period of time under §5.03(c). The respondent

will not be deemed judgment proof if upon delivering the property in good faith

the petitioner learns it is worth less than the value of the debt owed. Only if the

petitioner demonstrates that the respondent caused the diminution of value in bad

faith, then the Court may find the respondent judgement proof.

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CHAPTER FIVE—LANDLORD AND TENANT TORT LIABILITY

§5.01 Duty to Maintain

1. By entering into to a landlord/tenant relationship each party has a duty to;

(a) not deliberately or negligently destroy, deface, damage, impair or remove any part

of the premises or permit any person, animal or pet to do so;

(b) Use in a safe, sanitary, reasonable, and non-destructive manner all electrical,

plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and

appliances including elevators in the premises;

which comes to the party’s attention, and which the party has reason to believe is

unknown to the other; and

(d) Immediately notify the other of any defects in the premises hazardous to life,

health, or safety.

2. Every parent or guardian is financially responsible for the damages caused by their minor

children whether those damages be intentional or unintentional. Such responsibility is not

limited to the actual dwelling unit of the parent or guardian but also includes any and all

damages caused by said minor children to any dwelling, structure, home, residence, upon

the premises where the tenant leases a dwelling. Upon agreement of all parties, the court

may allow them to participate in a restorative justice initiative.

3. Any above-mentioned duty incorporated in to the rental agreement, shall be governed by

the agreement.

§5.02 Negligence Petition

1. A party may petition the Court for damages resulting from the other’s negligent failure to

uphold a duty owed to the petitioner.

2. The petitioner shall serve notice to the respondent in accord with §2.04, and the

proceedings shall commence in accords with the White Earth Rules of Civil Procedure,

except as otherwise provided in this chapter.

§5.03 Remedies

1. The respondent shall be found liable for damages by a preponderance of the evidence.

2. The Court shall apply any fair and equitable remedy for negligent acts as specified in the

rental agreement, if applicable.

3. If the rental agreement does not provide remedies, the Court may order the breaching

party to pay the amount owed in any following manners;

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(a) The respondent shall within a Court specified period of time execute a check for

the full amount owed.

(b) The respondent shall pay the petitioner back through a corresponding increase or

decrease in rent for a court specified period of time. Such increases will not be

considered a retaliatory raise in rent under §6.07.

which has reasonably been determined to have a value as near as practicable to

the amount owed. Provided that such lien shall be secondary to the claim of any

prior bona fide holder of chattel mortgage or to the rights of a conditional seller of

such property, other than the respondent. The respondent shall deliver the

property to the petitioner within a court specified period of time.

4. If the Court finds that the respondent is judgment proof, the Court may issue an eviction

order under §6.10 or terminate the lease under §4.05. The Court may base its finding on

any of the following;

(a) The respondent’s admission to being judgment proof;

(b) The respondent appearing in court in forma pauperis;

property to pay off the debt;

(d) The respondent failing to pay off the debt in a Court specified period of time

under §5.03(1)(a); or

(e) The respondent failing to deliver the property which the petitioner has placed a

lien on within a Court specified period of time under §5.03(c). The respondent

will not be deemed judgment proof if upon delivering the property in good faith

the petitioner learns it is worth less than the value of the debt owed. Only if the

petitioner demonstrates that the respondent caused the diminution of value in bad

faith, then the Court may find the respondent judgement proof.

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CHAPTER SIX— EVICTION AND ENFORCEMENT

§6.01 Grounds for Eviction

1. No person shall reside in or take possession of real property except as allowed by law,

and in such cases, the person may not enter by force but shall enter in a peaceable

manner. Entry by force may be allowed if such entry is required in the course of law

enforcement action.

2. The landlord may recover possession of the property by eviction in the matter hereinafter

provided when the person holds over real property after any such case as:

(a) A sale of the property on an execution or judgment; or

(b) The expiration of the time for redemption on foreclosure of a mortgage; or

(d) The current possessor’s lease has expired; or

(e) The possessor has acted contrary to the conditions or covenants of the rental

agreement; or

(f) Any rent becomes due according to the terms of such rental agreement and the

rent due has not been paid; or

(g) The termination of the tenancy by notice to vacate following a material breach of

the rental agreement.

3. A Tenant may be evicted for materially breaching of the terms of the rental agreement or

not upholding their covenant to the landlord.

(a) Failing to pay rent under §2.01.

(b) Failing to pay any costs, or damages which have been due and owing for thirty

(30) calendar days or more. The receipt by a landlord of partial payments under

an agreement shall not excuse the payment of any balance due upon demand.

regulations, or policies adopted in accordance with §8.01 of this Title, or any

applicable building or housing titles.

(d) Violation of the rules, regulations, and policies as specified in §4.05, or any other

terms of the rental agreement that do not conflict with the required provisions of

this Title.

4. A tenant or authorized occupant may not be evicted on the basis that they are the victim

of domestic abuse, criminal sexual conduct, or stalking.

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§6.02 Notice to Vacate Requirements

1. When a landlord desires to obtain possession of a dwelling unit and there exists one or

more legally cognizable reasons to evict the tenant or tenants occupying the unit as set

forth in §6.01, the landlord shall give notice to the adult tenants to vacate the dwelling

unit according to the provisions of this Chapter.

2. The notice to vacate shall be addressed to the adult tenants of the dwelling unit and shall

state the legally cognizable reasons(s) for termination of the tenancy and the date by

which the tenant is required to vacate the dwelling unit.

3. The notice to vacate shall be in writing substantially in the following form:

"I (or we) hereby give you notice that you are to vacate the dwelling unit now

occupied by you at [insert the address or other reasonable description of the

location of the dwelling unit], on or before the [insert date] for the following

reason [insert legally cognizable reason(s) for the notice to vacate using the

language in the Title or rental agreement or words of similar import]. Signed,

[insert signature, name and address of the landlord, and date and place of

signing]."

§6.03 Serving Notice to Vacate

1. Any notice to vacate must be in writing, and must be delivered in the following manner:

(a) The tenant shall provide the written notice to vacate to the landlord personally or

by mailing the notice to the landlord at the landlord’s address or as otherwise

specified within the terms of the rental agreement.

(b) The landlord shall serve written notice to vacate by an adult person upon the

tenant personally unless otherwise specified by law. If the tenant cannot be

located, service shall be made by delivering the notice to any family member of

the tenant over the age of sixteen (16) years residing within the dwelling unit.

notice shall be posted at a conspicuous place on the dwelling unit of the tenant. If

the notice is posted, a copy of such notice shall be mailed to the tenant by

certified mail, return receipt requested.

(d) The landlord must keep a copy of the notice to vacate and proof of service in

accordance with this section, by affidavit or other manner recognized by law.

2. The notice must be delivered within the following periods of time:

(a) No less than seven (7) calendar days prior to the date to vacate specified in the

notice for any failure to pay rent or other payments required by the agreement or

abandonment.

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(b) No less than three (3) business days prior to the date to vacate specified in the

notice for nuisance, serious injury to property, injury to persons, or illegal or drug

related activity under Chapter 9 of this Title.

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.

(d) No less than fourteen (14) calendar days in all other situations.

§6.04 Pre-Eviction Options

1. None of these options are required. This section lists alternative means of dispute

resolution for the parties. Both parties must agree to exercise the pre-eviction options.

2. Negotiated Settlement: After a notice to vacate is served upon a tenant, the landlord and

tenant may engage in discussions to avoid a proceeding to evict and to settle the issues

between the parties. The agreement to enter into discussions will not affect the rights of

the parties unless the parties reach an agreement to waive any of their rights.

3. Stay of Proceedings: Where the parties mutually agree in good faith to proceed with such

discussions, and eviction proceedings have been initiated, the Court will stay such

proceedings until it is notified by one or both parties that a hearing is required or that a

settlement has been reached.

4. Settlement Options: In reaching an agreement, the parties may consider, but are not

limited to the following options:

(a) The parties may employ the use of advocates or attorneys.

(b) The parties may employ the use of a mediator or conciliator.

(d) 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.

(e) The parties may agree to dismiss the matter in exchange for any agreement

reached.

(f) The parties may agree to stipulate to a judgment to be entered by the Court.

§6.05 Eviction Action

1. In all such cases, the person entitled to the premises may recover possession of the

property by eviction in the manner provided herein.

2. The Petitioner shall file a complaint with the White Earth Tribal Court describing the

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premises of which possession is claimed. The Petitioner shall also serve the Respondent

in accordance with the White Earth Rules of Civil Procedure. The complaint shall allege

facts which authorize the recovery and shall state the Petitioner’s prayer for relief.

3. The White Earth Tribal Court shall issue a summons commanding the Respondent to

appear before the Court. The date of the hearing shall not be less than seven (7) days

from the date of the service of the summons upon the Respondent unless proceeding

under §3.07 or §§9.01 or 9.02.

4. At the court appearance specified in the summons, the Respondent shall answer the

complaint and all matters therein. The Respondent’s answer to the complaint shall be

made by either an admission to the allegations or a denial to the allegations. Nothing in

§10.02 (2) prohibits the Respondent from alleging affirmative defenses.

5. Trial on all cases except under §3.07 or §9.01 shall be held within 20 days. The Court

shall schedule a trial within 20 days of filing to hear and decide the action. Where

proceeding under §3.07 or §9.01, the Court shall schedule a hearing within 72-hours of

filing (excluding weekends and holidays) and the trial shall be held within 10 days of

filing.

6. If requested by either party, the Court may grant a continuance of the trial for good cause.

A continuance of the trial shall not exceed 10 days where proceeding under §3.07 or

§9.01, and 20 days in all other circumstances.

7. The proceedings in an eviction action shall be the same as in other civil actions before the

White Earth Tribal Court unless otherwise provided by this Title. The Court may require

all rent past due and any rent that may accrue during the pendency of the action to be paid

to the Court before trial.

§6.06 Burden of Proof

1. The burden of proof in all proceedings under this Title shall be by a preponderance of the

evidence.

2. If the Tribal Court finds the landlord is entitled to recover the premises, the Court shall

immediately enter judgment that the landlord have recovery of the premises and

damages. The Court shall immediately issue execution in favor of the landlord for costs

incurred and immediately issue a writ of recovery of the premises and order to vacate.

3. If the Tribal Court finds for the tenant, the Court shall enter judgment for the tenant. The

Court may expunge the records relating to the action.

§6.07 Tenant’s Defenses

1. Retaliation Defense: It is a defense to an action for recovery of premises following the

alleged termination of a tenancy by notice to vacate for the Respondent to prove by a

preponderance of the evidence that:

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(a) The alleged termination was intended as a penalty for the Respondent’s good faith

attempt to secure or enforce rights under a rental agreement or contract; or

(b) The alleged termination was intended as a penalty for the Respondent’s good faith

report to a governmental authority of the Petitioner’s violation of a health, safety,

housing, or building title or ordinance.

the tenant as described above, the Petitioner shall have the burden of proving that

the notice to vacate was not served for a retaliatory purpose.

2. Rent Increase as Penalty: In any proceeding for the recovery of premises upon the

ground of nonpayment of rent, the tenant may establish by a preponderance of the

evidence as a defense that the Petitioner increased the tenant's rent or decreased the

services as a penalty in whole or in part for any lawful act of the tenant as described in

§6.07 (1). Once established, the tenant shall only be liable the amount of rent due and

payable under the tenant's original rental agreement.

3. Covenant of Habitability: The tenant may also establish by a preponderance of the

evidence a defense that the landlord did not uphold the covenant of habitability under

§3.03, and that the tenant complied or was in the process of complying with their

procedural requirements under that section. Once established the Court may terminate the

lease and render an accounting under §3.04(1).

§6.08 Landlord’s Rights not Limited

Nothing contained in §6.07 shall limit the right of the landlord pursuant to the provisions of

§6.01 to terminate a tenancy for a violation by the tenant of a lawful, material provision of a

rental agreement, whether written or oral, or to hold the tenant liable for damage to the premises

caused by the tenant or a guest of the tenant.

§6.09 Writ of Recovery Execution and Order to Vacate

1. General

(a) The law enforcement officer who holds the order to vacate shall execute it by

demanding that the Respondent, any adult member of the Respondent’s family

occupying the premises, or any other person in charge, relinquish possession of

the premises and leave the premises, taking all persons and all personal property

from the premises within twenty-four (24) hours after such demand.

(b) If the Respondent fails to comply with the demand, then the law enforcement

officer shall take whatever assistance may be necessary to remove the

Respondent, all persons, and all personal property from the premises and place the

Petitioner in possession of the premises.

premises, then the law enforcement officer shall enter the premises, breaking in if

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necessary, and inventory the property, and allow the Petitioner to remove and

store the personal property of the Respondent at a place designated by the

Petitioner.

2. Execution of Priority Order: A law enforcement officer shall give priority to the

execution of any order to vacate that is based on an eviction action involving unlawful

activities, or on the basis that the Respondent is causing a nuisance or is seriously

endangering the safety of other residents, their property, or the Petitioner’s property.

3. Removal and Storage of Property

(a) If the Respondent’s personal property is to be stored in a place other than the

premises, the Petitioner shall have the right to remove all personal property of the

Respondent at the expense of the Petitioner.

(b) The Respondent must make immediate payment for all expenses of removing

personal property from the premises. If the Respondent fails or refuses to do so,

the Petitioner has a lien on all the personal property for the reasonable costs and

expenses incurred in removing, caring for, storing, and transporting the property

to a suitable storage place.

If no payment has been made for thirty (30) days after the execution of the order

to vacate, the Petitioner may hold a public sale.

(d) If the Respondent’s personal property is to be stored on the premises, the law

enforcement officer shall enter the premises, breaking in if necessary, and the

Petitioner may remove the Respondent’s personal property. The Petitioner must

prepare an inventory and mail a copy of the inventory to the Respondent’s last

known address, or if the Respondent has provided a different address, to the

address provided. The inventory must be prepared, signed, and dated in the

presence of the law enforcement officer and must include the following:

A list of the items of personal property and a description of their

condition;

ii.

The date, the signature of the Petitioner or the Petitioner’s agent, and the

name and phone number of a person authorized to release the

Respondent’s personal property; and

iii.

The name and badge number of the law enforcement officer.

(e) The Petitioner and law enforcement officer shall retain a copy of the inventory.

(f) The Petitioner shall notify the respondent of the date and approximate time the

Petitioner is scheduled to remove the Respondent, all persons and all personal

property from the premises. The notice must be sent by first class mail, return

receipt requested. Additionally, the Petitioner must make a good faith effort to

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notify the Respondent by phone. The notice must be mailed as soon as the

information regarding the date and approximate time the law enforcement officer

is scheduled to enforce the order is known to the Petitioner, except that the

scheduling of the of the law enforcement officer to enforce the order need not be

delayed because of the notice requirement. The notice must inform the

Respondent that the Respondent and the personal property will be removed from

the premises if the Respondent has not vacated the premises by the time specified

in the notice.

(g) No personal property shall be seized by any law enforcement officer or any other

person after lawful entry of any judgment if said seizure involves a basic lifesustaining item required for the general welfare of any person.

§6.10 Stay of Writ of Recovery

No stay of the writ of recovery may be granted except upon a showing by the Defendant that the

immediate recovery would cause a severe and substantial hardship upon the Defendant or the

Defendant’s family. Upon a proper showing by the Defendant of severe and substantial hardship,

the Tribal Court may issue an ex-parte stay the writ of recovery for a reasonable period not to

exceed seven (7) days.

§6.11 Appeals

1. Statement of Intention to Appeal: If the White Earth Tribal Court renders judgment

against the Respondent and the Respondent or their attorney informs the Court of an

intent to appeal, the Court shall issue an order staying the writ for recovery of the

premises and order to vacate for at least twenty-four (24) hours after judgment, except as

provided in §10.05 (7).

2. Time for Appeal: In housing cases, time is of the essence. The Appellant’s brief shall be

filed with the notice of appeal. Appellee’s brief shall be filed within seven (7) calendar

days of Appellant’s brief.

3. Appeal Bond: If the party appealing remains in possession of the property, that party must

give a bond in an amount to be determined by the Court that provides that all costs of the

appeal will be paid, the party will comply with the Court’s order, and current rent and

utilities due to the party excluded from possession during pendency of the appeal will be

paid to the landlord. The bond must be approved by the Court.

4. Stay Pending Appeal: After the appeal is taken, all further proceedings in the case are

stayed, except as provided in §10.05 (7).

5. Stay of Writ Issued Before Appeal:

(a) Except as provided in §10.05 (7) if the Court issues a writ for recovery of

premises and order to vacate before an appeal is taken, the appealing party may

request that the Court stay further proceedings and execution of the writ for

possession of premises and order to vacate, and the Court shall grant a stay.

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(b) If the party appealing remains in possession of the premises, that party must give

a bond under §10.05 (3).

and order to vacate is served with the order granting the stay, the law enforcement

officer shall cease all further proceedings. If the writ for possession of premises

and order to vacate has not been completely executed, the Respondent shall

remain in possession of the premises until the appeal is decided.

6. Dismissal of Appeals: In all cases of appeal, the Appellate Court shall not dismiss or

quash the proceedings for want of form only, provided they have been conducted

substantially in accordance with applicable law.

7. Amendments: Amendments may be allowed at any time, upon such terms as to the Court

may appear just, in the same cases and manner and to the same extent as in civil actions.

The Appellate Court may compel the trial Court, by attachment, to make or amend any

return which is withheld or improperly or insufficiently made.

8. Exception: §10.05 (1),(4), and (6) do not apply in an action on a rental agreement, against

a tenant holding over after the expiration of the term of the rental agreement, or a

termination of the rental agreement by a notice to vacate.

9. Hearing Schedule: The Appellate Court shall review the filings and determine whether a

hearing is necessary. If a hearing is deemed necessary, the Appellate Court shall schedule

a hearing within thirty (30). All decisions on housing cases by the White Earth Court of

Appeals shall be rendered within thirty (30) days from the hearing date or the Appellee’s

brief, if no hearing is held.

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CHAPTER SEVEN—CRIME-FREE/DRUG-FREE HOUSING

§7.01 Drug-Related Illegal Activities

1. “Drug-related activity” means illegal manufacture, sale, distribution, purchase, use or

possession with intent to manufacture, sell, distribute or use of a controlled substance (as

defined in §102 or the Controlled Substance Act [21 U.S.C. 802]) or possession of drug

paraphernalia as defined in the White Earth Criminal Title.

2. “Illegal activity” means any unlawful action which includes but is not limited to;

prostitution or prostitution related activity; unlawful use or possession of a firearm;

possession of stolen property; or acts of violence or threats of violence.

3. Neither the landlord nor the tenant shall:

(a) Unlawfully allow drug-related activity on any area of the premises. This includes

the dwelling, dwelling unit, common area, roadways and/or any part of the

property.

(b) Engage in or allow any member of the tenant's household or guests to engage in

illegal activity, including drug-related activity, on the premises.

(c) Permit the dwelling to be used for or to facilitate illegal activity, including drugrelated illegal activity, regardless of whether the individual engaging in such

activity is a member of the tenant's household or a guest.

§7.02 Expedited Eviction or Lease Termination

1. If a landlord or tenant has credible evidence that the other party has engaged in or

knowingly permitted drug related and/or illegal activities to occur on or within the

premises, including any common areas owned by the landlord connected to the premises,

where the tenant is leasing a dwelling, the party shall file a petition for expedited eviction

or termination of the lease.

4. The petitioning party shall provide written notice to the respondent to vacate the premises

or terminate. The notice to vacate shall be in writing substantially in the following form:

"I (or we) hereby give [Tenant’s Name(s)] notice that I (or we) filed a petition for

expedited eviction against you in the White Earth Tribal Court due to my (or our)

reasonable belief that you have violated the Crime Free/Drug Free Ordinance, the

Housing Code, Chap. 9, by engaging in [insert specific incident of illegal or drug

related activity which occurred on the premises].

You may defend your lease by appearing at the initial hearing at Tribal Court,

scheduled for [insert date and time] or vacate the dwelling unit now occupied by

you at [insert the address or other reasonable description of the location of the

dwelling unit], on or before the [insert date].

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FAILURE TO APPEAR AT THE HEARING WILL RESULT IN YOUR

EVICTION FROM THIS PREMISIS.

Signed, [insert signature, name and address of the landlord, and date and place of

signing]."

2. The petitioning party must prove at the initial hearing that they provided notice to the

respondent under §6.03(1) or §1.04.

3. The Court shall hold an expedited hearing no sooner than 3 and no later than 5 business

days after the petition was filed at the request of the petitioner.

§7.03 Standard for Granting Expedited Eviction

1. The petitioner must prove by a preponderance of the evidence that the respondent

engaged in or knowingly permitted drug-related and/or illegal activities to occur on or

within the premises, including any common areas owned by the landlord connected to the

premises, where the tenant is leasing a dwelling.

2. A tenant shall not be evicted for the drug-related or illegal actions of a minor child who

resides with them, unless the landlord can prove the tenant consensually engaged in or

knowingly permitted the drug-related or illegal activities on the premises.

3. In a petition against multiple adult tenant-respondents who are on the lease for a single

abode the petitioner must prove that each respondent engaged in or knowingly permitted

illegal or drug related activity.

(a) The Court may void the lease and order the eviction of each respondent found to

have engaged in or knowingly permitted illegal or drug-related activity.

(b) The Court shall leave any respondent found to have not engaged in or knowingly

permitted illegal or drug-related activity in possession of the property.

§7.04 Court Ordered Right to Immediate Possession

1. The Court may dismiss the petition if the moving party provides evidence that the

respondent has vacated the premises or signed an agreement to terminate the lease and

not hold the tenant liable for abandonment.

2. The Court may find the party in default only if the respondent fails to appear and it

determines the petitioner has met its burden under §9.03(1).

3. Clean Hands Defense: If the Court finds by a preponderance of the evidence that

petitioning party has engaged in the drug or criminal activity complained of in the

petition, it shall grant any remedy it deems just.

4. The Court may issue an expedited order to vacate under §6.10(2). The respondent shall

have the right to request a stay of writ of recovery under §6.11 and appeal under §6.12.

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CHAPTER EIGHT—VICTIMS OF VIOLENCE’S RIGHT TO TERMINATE RENTAL

AGREEMENT

§8.01 Right to Terminate Rental Agreement

A tenant to a rental agreement may terminate the rental agreement without penalty or liability, if

the tenant or authorized occupant fears imminent violence after being subjected to domestic

abuse, criminal sexual conduct, or stalking.

§8.02 Procedure

1. The tenant must provide advance written notice to the landlord stating that the tenant

fears imminent violence from a person as indicated in a criminal complaint, order for

protection, affidavit by a domestic abuse advocate stating that the tenant is a victim of

domestic abuse or sexual assault, or other valid court order if the tenant or authorized

occupant remains in the leased premises, the tenant needs to terminate the tenancy, date

the tenant will vacate, and written instructions for the disposition of any remaining

personal property.

2. The written notice must be signed and dated and delivered to the landlord before the

termination of the tenancy by either mail, fax, or in person, and be accompanied by the

criminal complaint, order for protection, affidavit by a domestic abuse advocate stating

that the tenant is a victim of domestic abuse or sexual assault, or other valid court order.

3. The tenancy terminates, including the right of possession of the premises, as provided in

§10.04.

§8.03 Treatment of Information

A landlord shall not disclose any information provided to the landlord by a tenant in the written

notice required under §10.02 (2), any information contained in the criminal complaint, order for

protection, affidavit by a domestic abuse advocate stating that the tenant is a victim of domestic

abuse or sexual assault, or other valid court order, the address or location to which the tenant has

relocated, or the status of the tenant as a victim of violence.

§8.04 Liability for Rent; Termination of Tenancy

1. A tenant who is a sole tenant and is terminating a rental agreement under §10.01 is

responsible for the rent payment for the full month in which the tenancy terminates. The

tenant is relieved of the contractual obligation for payment of rent or any other charges

for the remaining term of the rental agreement, except as provided in this section. In a

sole tenancy, the tenancy terminates on the date specified in the notice provided to the

landlord as required under §10.02. The landlord shall promptly notify all utility providers

of the change in tenancy.

2. In a tenancy with multiple tenants, one of whom is terminating the rental agreement

under §10.01, any rental agreement governing all tenants is terminated at the latter of the

end of the month or the end of the rent interval in which one tenant terminates the rental

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agreement under §10.01. All tenants are responsible for the rent payment for the full

month in which the tenancy terminates. Upon termination, all tenants are relieved of any

other contractual obligation for payment of rent or any other charges for the remaining

term of the rental agreement, except as provided in this section. Any tenant whose

tenancy was terminated under this paragraph may reapply to enter into a new rental

agreement with the landlord. The landlord shall promptly notify all utility providers of

the change in tenancy.

3. This section does not affect a tenant's liability for delinquent, unpaid rent or other

amounts owed to the landlord before the rental agreement was terminated by the tenant

under this section.

§8.05 Waiver Prohibited

A tenant may not waive, and a landlord may not require the tenant to waive, the tenant's rights

under this Chapter.

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CHAPTER NINE—MORTGAGE AND FORECLOSURE

§9.01 Recording

All mortgages must be recorded in accordance with the recording procedures designated by the

Tribe, whether it be recorded in the BIA designated area office (currently Aberdeen, South

Dakota) or the county recorder’s office where the property is located.

§9.02 Pre-Foreclosure Procedures

1. Before a borrower/mortgagor (hereinafter “borrower”) becomes ninety (90) days

delinquent on the mortgage payments, the lender/mortgagee (hereinafter “lender”) shall

make a reasonable effort to arrange a face-to-face interview, provided the borrower

complies with the request to meet with the borrower.

2. Lender shall document that it has made at least one (1) telephone call to the borrower to

set up a face-to-face interview.

3. Before the borrower has been delinquent for ninety (90) days and at least ten (10) days

before the beginning of a foreclosure action in Tribal Court, the lender shall advise the

borrower in writing by certified mail, return receipt requested, and by posting

prominently on the unit, with a copy provided to the Tribe, as follows:

(a) Advise the borrower that information regarding the loan and default will be given

to credit bureaus;

(b) Advise the borrower of homeownership counseling opportunities and programs

available through the lender or otherwise; and

default.

4. In addition to all the foregoing notice requirements, the lender shall complete the

following additional requirements when a leasehold mortgage is involved:

(a) Notify the borrower that if the leasehold remains in default for more than ninety

(90) days, the lender may ask the applicable governmental agency to accept

assignment of the leasehold mortgage if this is a requirement of the governmental

program;

(b) Notify the borrower of the qualifications for forbearance relief from the lender, if

any, and that forbearance relief may be available from the government if the

mortgage is assigned; and

further communications may be addressed, if any.

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§9.03 Foreclosure

1. A borrower shall be considered in default when the borrower is thirty (30) days past due

on mortgage payment(s) to the lender.

2. If a borrower has been in default for ninety (90) days or more and the lender has

complied with the procedures set forth in §7.02, the lender may commence a foreclosure

proceeding in the Tribal Court.

3. A mortgage may be foreclosed by action or advertisement.

4. In foreclosing by advertisement, the lender shall provide six (6) weeks published notice

that the mortgage will be foreclosed by the sale of the mortgaged premises, to occur at

least four (4) weeks before the appointed time of sale. A copy of the notice shall be

personally served upon the person in possession of the mortgaged premises, if occupied.

5. The notice shall contain:

(a) The name of the borrower, the lender, each assignee of the mortgage, if any, and

the original or maximum principal amount secured by the mortgage;

(b) The date of the mortgage, and when and where recorded, except where the

mortgage is upon registered land, in which case the notice shall state that fact, and

when and where registered;

(d) A description of the mortgaged premises, conforming substantially to that

contained in the mortgage, and the commonly used street address of the

mortgaged premises;

(e) The time and place of sale;

(f) The time allowed by law for redemption by the borrower, the borrower's personal

representatives or assigns; and

(g) The date the borrower must vacate the property.

§9.04 Summons and Complaint

1. The mortgage holder shall serve notice on the mortgagee as provided in §2.04

2. The complaining party shall file a verified complaint with the White Earth Tribal Court

clerk. The verified complaint in a mortgage foreclosure proceeding shall contain the

following:

(a) The name of the borrower and each person or entity claiming through the

borrower, as a respondent, subsequent to the recording of the mortgage;

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(b) A description of the property subject to the mortgage;

case of a leasehold mortgage, the lease; the facts concerning the recording and the

alleged default;

(d) True and correct copies of each promissory note, if a leasehold mortgage then a

copy of the lease, the mortgage or assignment thereof relating to the property; and

(e) Any applicable allegations concerning relevant requirements and conditions

prescribed in federal laws and regulations, tribal titles, ordinances and regulations

and/or provisions of lease or leasehold mortgages or security instruments.

3. The complaint shall be verified in the following manner:

(a) By the affidavit of the party, or of one or more of the parties pleading together,

that the affiant knows the contents of the pleading, that the averments thereof are

true of affiant's own knowledge, save as to such as are therein stated on

information and belief, and that as to those the affiant believes them to be true; or

(b) If the party is a corporation, the affidavit may be made by any officer thereof

having knowledge of the facts sworn to.

4. The White Earth Tribal Court shall issue a summons commanding the Respondent to

appear before the Court.

§9.05 Cure of Default by Subordinate Lienholder

Prior to the entry of a judgment of foreclosure, any borrower or a subordinate lienholder may

cure the default(s) under the mortgage by making a full payment of the delinquency to the lender

and all reasonable legal and court costs incurred in foreclosing the property. There shall be no

right of redemption in any leasehold mortgage foreclosure proceeding.

§9.06 Judgment and Remedy

1. This matter shall be heard within sixty (60) days from the date of service of the complaint

on the borrower. The Tribal Court shall enter judgment to foreclose the interest of the

borrower, assign the mortgage to the lender or the lender’s designated assignee; in the

case of a leasehold mortgage, the lease will be assigned to the lender or the lender’s

designated assignee, subject to the following provisions:

2. The lender shall give the White Earth Nation the right of first refusal on any acceptable

offer to purchase the lease or leasehold mortgage which is later obtained by the lender or

lender’s designated assignee.

3. The lender or lender’s assignee may only transfer, sell or assign the lease and/or

leasehold mortgage to a tribal member, the Tribe or the Tribal Housing Authority.

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4. Any other transfer, sale or assignment of the lease or leasehold mortgage shall only be

made to a tribal member or the Tribal Housing Authority during the remaining period of

the leasehold.

§9.07 Foreclosure Evictions

Foreclosure evictions shall be handled the same as unlawful detainer evictions, with the added

provision that foreclosure eviction proceedings shall not happen until after the borrower, lessee,

occupier has received thirty (30) calendar days’ notice and remains in possession of the property

contrary to the terms of the notice. All foreclosure evictions shall happen no later than sixty (60)

days from the date of service of notice upon the borrower that foreclosure was completed.

§9.08 Certified Mailing to Tribe and Landlord

Any foreclosure proceeding on a lease or leasehold mortgage where the Tribe or the landlord is

not named as a defendant, a copy of the summons and complaint shall be mailed to the Tribe and

to the landlord by certified mail, return receipt requested, within five (5) days after the summons

was issued. If the landlord’s location cannot be ascertained, the summons and complaint shall be

mailed to the Bureau of Indian Affairs.

§9.09 Intervention

The Tribe or any landlord may petition the Tribal Court to intervene in any lease or leasehold

mortgage foreclosure proceeding under this Code. Neither the filing of a petition for intervention

by a Tribe, nor the granting of such petition by the Tribal Court shall operate as a waiver of the

sovereign immunity of the Tribe, except as may be expressly authorized by the Tribe.

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CHAPTER TEN—FEDERAL RULES AND REGULATIONS

§10.01 Federal Rules and Regulations

Any rule or regulation that has been promulgated by the U.S. Department of Housing and Urban

Development for the purpose of implementation and management of Indian Housing programs

and which the WEHA is required to follow to qualify for federal funds shall supersede the

provisions of this Code for those federally funded housing units only. Prior to commencement of

any action in Tribal Court any aggrieved party must first exhaust all available administrative

remedies, if any.

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CHAPTER ELEVEN—APPEALS

§11.01 Appeals

With the exception of any appeals taken under Chapter 10 of this Title, any appeals under this

Code shall be handled in accordance with the White Earth Court of Appeals Rules of Appellate

Procedure.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.