# Purpose. This Title shall be interpreted and

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

TITLE XI
LANDLORD AND TENANT
CHAPTER 1
GENERAL PROVISIONS
Section 11-1-1.
Purpose. This Title shall be interpreted and
construed to fulfill the following purposes:
1.
To simplify and clarify the law governing the occupation
of premises and protect the rights of landlords and tenants within
the territory of the Tribe;
2.
To preserve the peace, harmony, safety, health, and
general welfare of the members of the Tribe and others within the
territory of the Tribe;
3.
To provide eviction procedures and to require landlords
to follow such procedures when evicting tenants within the
territory of the Tribe;
4.
To encourage landlords and tenants to maintain and
improve premises in order to improve the quality of housing as a
Tribal resource; and
5.
To provide the law governing the rights, obligations,
and remedies of the owners, lessors, and tenants of premises in
the territory of the Tribe.
Section 11-1-2.

Applicability.

1.
This Title shall apply to any and all arrangements,
formal or informal, written, oral, or by the practice of the
parties, in renting, leasing, occupying, or using any and all forms
of real property, but shall not apply to:
a.
Any assignment of land made by the Tribe to an
agency, department, enterprise, or member of the Tribe;
b.
Residence at a public or private facility, if
incidental to detention or the provision of medical, mental
health, geriatric, counseling, educational, religious,
disability, personal safety, or similar service;
c.
Occupancy under a contract of sale of, or an option
to purchase, a premises if the occupant is the purchaser or
optionee;
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d.
Occupancy by a member of a fraternal or social
organization in a part of a structure operated for the benefit
of the organization;
e.

Occupancy in a room or suite of rooms where:

i.
basis;

The cost of occupancy is charged on a daily

ii. The operator of the room or suite provides
housekeeping and linen service as part of the regularly
charged cost of occupancy; and
iii. The occupancy does not exceed thirty (30)
consecutive days;
f.
Occupancy by an employee of a landlord when the
employee’s right to occupancy is conditioned on employment in
or about the premises; or
g.

Occupancy where:

i.
The tenant rents the premises for vacation
purposes only;
ii. The tenant has a principal residence other
than the premises;
iii. The premises are furnished with personal
property necessary to make the premises ready for
immediate occupancy by the tenant; and
iv. The occupancy does not exceed thirty (30)
consecutive days; or
h.
Occupancy in any property where the landlord is the
Northern Ponca Housing Authority or other tribally-designated
housing entity of the Tribe.
2.
Where a law or regulation of the United States applies
to the renting, leasing, occupying, or using a specific parcel of
real property, such law or regulation shall govern the renting,
leasing, occupying, or using of such specific parcel of real
property in addition to this Title and no provision of this Title
shall be deemed inapplicable to the renting, leasing, occupying,
or using of such specific parcel unless such provision is
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specifically superseded by or directly contrary to such law or
regulation of the United States.
Section 11-1-3.
Definitions.
Unless the context requires
otherwise or another definition is provided for a particular
chapter or section, in this Title:
1.
“Actual
damages”
means
compensation
for
direct,
consequential, or incidental injuries or losses and includes:
a.
Amounts payable to a landlord or tenant under the
lease for a violation of the lease; and
b.

Diminution in the value of the premises.

2.
“Building, housing, fire, or health code” includes any
applicable law concerning fitness for habitation or the
construction,
maintenance,
operation,
occupancy,
use,
or
appearance of the premises.
3.

“Criminal act” or “criminal activity” means:

a.
The manufacture, sale, distribution, use, or
possession of a controlled substance on or in the vicinity of
the premises which is criminal under law other than this
Title; or
b.
An act or activity that is criminal under law other
than this Title and threatens the health or safety of an
individual on the premises or the landlord or landlord's agent
on or off the premises.
4.
“Dwelling unit” means property leased to a tenant for
use as a home, residence, or sleeping place by an individual or
two or more individuals who maintain a common household, regardless
of their relationship to each other, and includes:
a.
A single family residence, together with fixtures
and appurtenances, the land on which it is located, and any
other structure on the land; and
b.
A structure or part of a structure in which the
tenant resides, together with fixtures and appurtenances, and
any other area of the land on which the structure is located
to which the tenant is given an exclusive right of possession
during the term of the lease, including a designated parking
space or storage area.
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5.
“Essential service” means heat, hot and cold running
water, sewage or septic disposal, electricity and, if not supplying
it to the tenant would create a serious threat to the health,
safety, or property of the tenant or his or her guests, air
conditioning, provided that, in the case of a non-residential
lease, an essential service shall be only those services necessary
to the use of the premises and purpose of the lease.
6.
“Fees” means amounts payable by a tenant to a landlord
which the landlord has no obligation to account for or return to
the tenant except as otherwise provided in this Title, such as
application fees, cleaning fees, late payment fees, surety bond
fees, dishonored check fees, credit card or other payment
processing fees, abandonment fees, special amenities fees, pet
fees, or fees assessed for violating rules governing the tenancy,
but does not include rent or a security deposit.
7.
“Good faith” means honesty in fact and the observance of
reasonable commercial standards of fair dealing.
8.
“Guest” means an individual, other than the landlord or
landlord’s agent, invited on the premises by a tenant, including
the employees of a tenant in a non-residential lease.
9.
“Habitable” means that a premises is safe, tenantable,
and can be used for the purpose for which it is leased and, in the
case of a dwelling unit, can be occupied in reasonable comfort.
10.

“Landlord” means:
a.

The owner of premises rented to a tenant;

b.

A successor in interest to the landlord;

c.

A sublessor; and

d.
A person that manages premises or enters a lease on
behalf of the owner of the premises and fails to notify the
tenant in writing of the identity of the landlord, except
with respect to events occurring after the earlier of:
i.
The tenant being given written notice of the
identity of the landlord; or

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ii. The date of termination of the person’s
authority to act on behalf of the owner if that authority
is terminated.
11. “Lease” means all tenancies and agreements, written,
oral, or implied by law, between a landlord and tenant in which
the landlord rents premises to the tenant for a tenancy for a fixed
term or a periodic tenancy and includes an amendment to the lease,
and rules adopted by the landlord which were disclosed to the
tenant as provided in this Title.
12. “Non-residential lease” means a lease of premises other
than a dwelling unit or a lease whose primary purpose is other
than for a dwelling unit, even if a dwelling unit is included in
the lease or located on the premises.
13. “Normal wear and tear” means deterioration that results
from the intended use of the premises, including breakage or
malfunction due to age or deteriorated condition, but does not
include deterioration that results from negligence, carelessness,
accident, or abuse of the premises, fixtures, equipment, or other
tangible personal property by the tenant or the tenant’s guests.
14. “Owner” means, with respect to a premises subject to
this Title, a person vested with all or part of:
a.

Legal title to the premises; or

b.
Beneficial ownership and a right to present use and
enjoyment of the premises.
15.

“Periodic rent” means the amount:

a.
Payable each month under a tenancy for a fixed term
or a periodic tenancy for month to month;
b.
Payable each week under a periodic tenancy for week
to week or other term less than a month;
c.
If rent is payable annually, the amount of the
annual rent divided by twelve (12); or
d.
If rent is payable at some other frequency greater
than one month, the amount of each rent payment divided by
the number of months in the frequency.

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16. “Periodic tenancy” means a tenancy created under a lease
or arising by operation of law for month to month, week to week,
or other successive periods.
17. “Prepaid rent” means rent paid to a landlord before the
first day of the rental period to which it is to be applied.
18. “Premises” means a dwelling unit, land, other real
property, and/or any structures or parts thereof, existing
facilities and appurtenances, including, but not limited to,
furniture and utilities where applicable, grounds, areas, existing
facilities, and, to the extent owned by the landlord, any structure
of which the premises is a part, including any area and structure
associated with the structure in which the premises is located and
held out by the landlord for the use of tenants generally.
19. “Rent” means a payment for the right to possession of
premises, but does not include a security deposit or fees.
20. “Security deposit” means funds or other property
provided to a landlord to secure payment or performance of a
tenant’s obligations under a lease or this Title and the
identifiable proceeds of the funds or property, however
denominated, but does not include rent or fees.
21. “Tenancy for a fixed term” means a tenancy under a lease
for a fixed or computable period, regardless of the length of the
period.
22.

“Tenant” means:

a.
A person that is a party to a lease of premises and
is entitled to possession of the premises;
b.
An assignee or sublessee of a tenant which has
possession of the premises with the landlord’s consent;
c.
An individual authorized to occupy the premises by
a tenant that is not an individual; and
d.
In the case of a dwelling unit, the immediate and
extended family of a tenant authorized to occupy the premises,
except with respect to the liability of the tenant to the
landlord under the lease or this Title.
23.

“Tenant representative” means:
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a.
estate;

A personal representative of a deceased tenant’s

b.
Before
the
appointment
of
a
personal
representative, a contact person, or in the absence of a
contact person, a person the landlord reasonably believes to
be an heir of the tenant under the applicable intestate
succession law; or
c.
A person who exercises authority as a tenant
representative under this Title or otherwise asserts or
engages in conduct indicating the person is a tenant
representative, provided that the authority of such person to
act as a tenant representative shall terminate when the person
or landlord knows that a personal representative has been
appointed for the deceased tenant’s estate.
24. “Unearned rent” means rent, including prepaid rent, that
a tenant paid to a landlord for the right to possession of the
premises for any period after the date the lease terminates in
accordance with its terms or this Title, but does not include any
amount, including rent, the tenant owes to the landlord for a
period during which the tenant is in physical possession of the
premises regardless of whether that possession is before or after
the lease terminates.
Section 11-1-4.
Severability.
If any chapter, section or
provision of this Title or amendment made by this Title is held
invalid, the remaining chapters, sections and provisions of this
Title and amendments made by this Title shall continue in full
force and effect.
Section 11-1-5. Sovereign Immunity. Nothing in this Title shall
be construed as limiting, waiving or abrogating the sovereignty or
the sovereign immunity of the Tribe or any of its agencies,
departments,
enterprises,
agents,
officers,
officials
or
employees.
CHAPTER 2
LEASES GENERALLY
Section 11-2-1. Obligation of Good Faith.
Every lease or duty
under this Title imposes an obligation of good faith in its
performance and enforcement.
Section 11-2-2.

Required Landlord Disclosures.
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1.
Before accepting funds to be applied to a security
deposit, prepaid rent, or other fees or before entering into a
lease, a prospective landlord shall disclose to the prospective
tenant the following in writing:
a.
Any condition of the premises which the landlord
knows or on a reasonable inspection of the premises should
have known would constitute a nonhabitable condition as
defined in this Title and would materially interfere with the
health or safety of the tenant or the tenant’s guests or would
materially interfere with the use and enjoyment of the
premises by the tenant;
b.
Whether, to the knowledge of the landlord, a
foreclosure proceeding has been commenced against the
premises;
c.
If rent is prepaid, the month or other period of
the lease to which the rent is to be applied; and
d.
The rules affecting the tenant’s use and enjoyment
of the premises, whether adopted by the landlord or another
person.
2.
At or before commencement of the term of a lease, the
landlord shall give the tenant written notice specifying:
a.

The name of:
i.

The landlord;

ii.

Any person authorized to manage the premises;

iii. The owner of the premises;
iv.

Any person authorized to act for the owner;

and
v.
Any person authorized to receive a notice or
demand on behalf of the owner;
b.
The mailing address and any address to be used for
the receipt of electronic communications by the landlord or
any person designated by the landlord to which a notice or
demand must be sent; and
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c.
The address to or the method by which the tenant
must deliver rent.
3.
A landlord shall keep current the information required
by subsection 2 of this Section.
Section 11-2-3.

Required Tenant Disclosures.

1.
At or before commencement of the term of a lease, the
tenant shall give the landlord written notice specifying the
tenant’s mailing address and any address to be used for the receipt
of electronic communications by the tenant.
2.
At the request of a landlord, the tenant shall designate
a contact person to act for the tenant on the tenant’s death, by
giving the landlord a document specifying the name, mailing
address, any address to be used for the receipt of electronic
communications, and telephone number of such contact person. In
the absence of a request by the landlord, the tenant may designate
a contact person in the same manner.
3.
A tenant shall keep current the information required by
this Section.
On termination of the lease, the tenant shall
provide the landlord a forwarding address to which the landlord
must send the tenant’s security deposit, unearned rent, and other
communications.
Section 11-2-4.

Terms of Lease.

1.
A lease may include terms and conditions not prohibited
by this Title or other law of the Tribe.
2.
Unless
provides:

a

lease

or

other

applicable

law

otherwise

a.
The tenant shall pay rent for the premises for the
term of the lease in an amount comparable to the rent paid
for other premises of similar size and condition in the same
or a comparable location, determined at the commencement of
the term;
b.

Rent is payable without demand or notice:

i.
At the address or place the landlord
designates under Section 11-2-2 or, if no designation is
made, at the landlord’s place of business at the time
the lease was made; and
XI-9

ii. On the first day of each month, at the
beginning of the term if the term is less than one month,
or on the first day of such other period of the term of
the lease or otherwise provided for in the lease; and
c.

Rent is uniformly apportioned from day to day; and

d.
A rental period is on a monthly basis beginning
with the first day of the month for a tenancy for a fixed
term of more than one month or a periodic tenancy of month to
month and, for all other tenancies, the rental period begins
on the first day rent is paid.
3.
Unless a lease creates a tenancy for a fixed term, a
tenancy is a periodic tenancy for week to week if the tenant pays
rent weekly and otherwise is a periodic tenancy for month to month.
Section 11-2-5.

Delivery of Lease.

1.
A landlord shall provide the tenant a copy of any lease
that is signed by them or, if the lease is unsigned and enforceable
as provided in this Chapter, signed by either of them.
2.
If a landlord other than the Tribe willfully fails to
comply with this Section, the tenant may recover actual damages or
one month’s periodic rent, whichever is greater.
Section 11-2-6.

Unsigned Lease.

1.
If a lease signed by the tenant is delivered to the
landlord and the landlord fails to sign the lease and return it to
the tenant, acceptance of rent by the landlord without a
reservation of rights gives the lease the same effect as if the
lease had been signed by the landlord and returned to the tenant.
2.
If a lease signed by the landlord is delivered to the
tenant and the tenant fails to sign the lease and return it to the
landlord, acceptance of possession or payment of rent without a
reservation of rights gives the lease the same effect as if the
lease had been signed by the tenant and returned to the landlord.
3.
If a lease given effect under subsection 1 provides for
a tenancy for a fixed term longer than one (1) year, the lease is
effective for one (1) year.

XI-10

Section 11-2-7.
1.

Prohibited Provisions.

A lease may not require the tenant to:

a.
Unless permitted by this Title, waive or forego a
right or remedy under this Title;
b.
Authorize a person to confess judgment on a claim
arising out of the lease or this Title;
c.
Unless permitted by this Title, perform a duty
imposed on the landlord by this Title;
d.
Agree to pay legal counsel’s fees and costs of the
landlord other than those provided by this Title or other law
of the Tribe; or
e.
Except in the case of a non-residential lease where
the Tribe is the landlord, agree to exculpate or limit a
liability of the landlord arising under this Title or other
law of the Tribe or indemnify the landlord for the liability
and the costs connected with the liability.
2.
A provision in a lease prohibited by this Section or
other law of the Tribe is unenforceable. Except where the landlord
is the Tribe, if the landlord seeks to enforce the provision or
accepts the tenant’s voluntary compliance with the provision, the
Tribal Court may award the tenant an amount not to exceed three
(3) times the periodic rent.
Section 11-2-8.

Delivery of Possession.

1.
The landlord shall deliver physical possession of the
premises to the tenant at the commencement of the term of the
lease.
2.
If a landlord does not deliver physical possession of
the premises to the tenant, the tenant is not required to pay rent
until possession is delivered and may:
a.
Terminate the lease by giving written notice to the
landlord at any time before the landlord delivers possession
of the premises to the tenant; or
b.
Demand performance of the lease by the landlord,
recover actual damages, and obtain possession of the premises
XI-11

from the landlord or any person wrongfully in possession by
any lawful means.
3.
If a landlord unlawfully removes or excludes the tenant
from the premises or willfully interrupts or causes the
interruption of an essential service the landlord has the duty to
provide to the tenant, the tenant may recover three (3) times the
periodic rent or three (3) times the actual damages, whichever is
greater, or, where the Tribe is the landlord, the actual damages,
and:
a.

Recover possession; or

b.
Terminate the lease by giving the landlord written
notice of the tenant’s intent to terminate the lease
immediately or on a later specified date.
4.
If a tenant terminates the lease pursuant to this
Section, the landlord shall return any amounts received from the
tenant before the commencement of the term of the lease or, if the
term of the lease has commenced, any security deposit and unearned
rent.
Section 11-2-9.
Separation of Rent from Duties.
A lease,
assignment, sublease, conveyance, trust deed, or security
instrument may not authorize a person to receive rent without
assuming the duties imposed on the landlord by the lease and this
Title.
Section 11-2-10.

Assignment and Sublease.

1.
When a tenant transfers his or her entire interest in a
lease for the remaining term of the lease, the transfer is an
assignment. If a tenant assigns his or her lease:
a.
The tenant’s right to possession of the premises
terminates when the assignee takes possession;
b.
The assignee obtains all of the tenant’s right to
possession under the lease;
c.
The tenant shall not be a landlord in relation to
the assignee for purposes of this Title;
d.
Unless the lease or another agreement between the
landlord and tenant provides otherwise, the tenant shall
remain liable for the tenant’s obligations under the lease;
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e.
The assignee is liable for the tenant’s obligations
under the lease to the same extent as the tenant; and
f.
The landlord may enforce the lease and this Title
against the assignee the same as the tenant regardless of
whether the landlord was a party to or approved the
assignment.
2.
When a tenant transfers less than his or her entire
interest in a lease or less than the remaining term of the lease,
the transfer is a sublease and the tenant retains a reversionary
interest under the lease. For purposes of this Title, providing
accommodations for boarders, lodgers, or others who are not parties
to the lease shall be deemed a sublease. If a tenant subleases
his or her lease:
a.
The tenant’s and sublessee’s rights to possession
of the premises shall be determined based on the provisions
of the sublease;
b.
The tenant shall be a landlord in relation to the
sublessee for purposes of this Title;
c.
Unless the lease or another agreement between the
landlord and tenant provides otherwise, the tenant shall
remain liable for the tenant’s obligations under the lease;
d.
Unless a provision of the sublease or another
agreement between the landlord and sublesee provides
otherwise, the sublessee shall not be liable for the tenant’s
obligations under the lease; and
e.
Unless a provision of the sublease or another
agreement between the landlord and sublesee provides
otherwise, the landlord may not enforce the lease against the
sublesee, but the landlord may enforce this Title against the
sublesee.
3.
Except where applicable law other than this Title
provides otherwise, unless a provision of the lease provides
otherwise:
a.
A tenant may not assign or sublease the lease
without the written consent of the landlord;
b.
The landlord may unconditionally withhold consent
without cause to any assignment or sublease;
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c.
Except where the Tribe is the landlord, if the
landlord unreasonably withholds consent to an assignment or
sublease, the tenant may terminate the lease by giving written
notice to the landlord of the tenant’s intent to terminate
the lease on a specified date at least thirty (30) days after
the notice and such termination shall be the sole remedy of
the tenant;
d.
If the landlord reasonably withholds consent to an
assignment or sublease or, where the Tribe is the landlord
and withholds consent for any reason without regard to whether
it is reasonable, there shall be no assignment or sublease
and the tenant shall not be released from the lease;
e.
The landlord may request that the tenant provide
additional information to enable the landlord to make a
decision on a request for consent to an assignment or sublease
within ten (10) days after receipt of the tenant’s request,
provided such request for additional information shall not be
unduly burdensome;
f.
If the landlord fails to notify the tenant of the
landlord’s consent or denial of consent within thirty (30)
days after receipt of the tenant’s request or additional
information requested by the landlord, whichever is later:
i.
Where the Tribe is the landlord, the Tribe
shall be deemed to have denied consent to the assignment
or sublease; and
ii. In all other cases, the landlord shall be
deemed to consent to the assignment or sublease.
4.
Any assignment or sublease which does not comply with
the provisions of this Section shall constitute a material breach
of the lease and, where the Tribe is the landlord, shall be void
and of no effect against the Tribe or the premises covered thereby.
5.
Nothing in this Section shall prohibit the lease or
another agreement between the landlord and tenant from providing
additional transfers of interests in a lease or additional events
which shall be deemed to constitute an assignment or sublease and
such additional transfers of interests or additional events shall
be subject to this Section.

XI-14

Section 11-2-11.

Encumbrance of Lease.

1.
Unless a provision of the lease expressly permits a
tenant to mortgage or encumber the lease, a tenant may not mortgage
or encumber the lease, tenancy, or any interest of the tenant in
the premises without the written consent of the landlord, which
consent may be unconditionally withheld without cause.
2.
Any mortgage or encumbrance of a lease or interest of
the tenant in the premises which does not comply with the
provisions of this Section shall constitute a material breach of
the lease and the mortgage or encumbrance shall be void and of no
effect against the landlord or the premises covered thereby.
Section 11-2-12. Legal Counsel Fees. Unless the other party is
the Tribe, in an action to enforce a right or remedy arising under
a lease or this Title, the Tribal Court may award the prevailing
party reasonable legal counsel’s fees if the Tribal Court
determines that the other party:
1.

Did not act in good faith;

2.
Willfully performed an act prohibited by the lease or
this Title; or
3.
Willfully refrained from performing an act required by
the lease or this Title.
Section 11-2-13.

Security Deposits.

1.
Except when the Tribe is the landlord, a landlord may
not demand or receive security, however denominated, in an amount
or value in excess of two (2) months periodic rent, provided such
limit shall not include the first month’s rent or fees.
2.
Except as otherwise provided by applicable law other
than this Title, if a tenant keeps a pet on the premises or is
permitted by the lease to make alterations to the premises, the
landlord may require the tenant to pay an additional security
deposit in an amount commensurate with the additional risk of
damage to the premises. Nothing in this subsection shall require
a landlord to permit a tenant to keep a pet on the premises except
where applicable law other than this Title provides otherwise.
3.
Any security, if nonrefundable, must be so stated in
writing by the landlord.
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4.
deposit:

The following rules apply to interests in a security

a.
The landlord’s interest is limited to a security
interest and shall not be subject to execution, garnishment,
attachment, or other process;
b.
Notwithstanding any other law to the contrary, the
landlord’s security interest is effective against and has
priority over each creditor of and transferee from the tenant;
c.
A creditor of and transferee from the landlord can
acquire no greater interest in a security deposit than the
interest of the landlord;
d.
Notwithstanding any other law to the contrary, the
tenant’s interest has priority over any right of setoff the
bank in which the security deposit is held may have for
obligations owed to the bank; and
e.
The tenant’s interest is not adversely affected if
the deposit is commingled with the deposits of other tenants
or other funds.
5.
With respect to funds constituting a security deposit,
a landlord:
a.

Shall maintain the ability to identify the funds:

i.
By holding the funds in a bank account that is
used exclusively for security deposits, that is
maintained with a federally insured bank, and the title
of which indicates that it contains security deposits;
and
ii. By maintaining records that indicate at all
times the amount of the funds attributable to each tenant
whose funds are being held in the account; and
b.
May commingle the funds received from other tenants
as security deposits in the same bank account but may not
commingle other funds, including the landlord’s personal or
business funds, in the account.
6.
Subsection 5 of this Section shall not apply to security
deposits held by the Tribe as a landlord provided that the Tribe
shall maintain records that indicate at all times funds in its
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possession attributable to each tenant whose funds are being held
by the Tribe as a security deposit.
7.
If a landlord other than the Tribe fails to comply with
subsection 5 of this Section, the tenant may recover actual damages
or one (1) times the periodic rent, whichever is greater.
8.
A bank in which a landlord deposits funds constituting
a security deposit has no duty to ensure that the landlord properly
applies the funds.
9.
Unless a lease provides otherwise, the landlord is not
required to deposit a security deposit into an interest-bearing
account or to pay the tenant interest on the deposit.
10.

Upon termination of the tenancy:

a.
The tenant is entitled to the amount by which the
security deposit and any unearned rent exceeds the amount the
landlord is owed under the lease or this Title;
b.
Not later than thirty (30) days after a tenancy
terminates and the tenant vacates the premises, the landlord
shall determine the amount the landlord believes the tenant
is entitled to under this subsection and:
i.

Tender that amount to the tenant;

ii. Send that amount by first-class mail, postage
prepaid, to an address provided by the tenant or, in the
absence of that address, to the relevant address
specified in Section 11-2-3; or
iii. Cause a funds transfer in that amount to be
made, with the cost of transfer paid by the landlord, to
a bank account designated by the tenant;
c.
If the amount paid to the tenant under this
subsection is less than the sum of the tenant’s security
deposit and any unearned rent, the landlord shall provide the
tenant on or before returning such amount to the tenant a
written itemization specifying each item of property damage
or other unfulfilled obligation of the tenant to which the
security deposit or unearned rent was applied and the amount
applied to each item;

XI-17

d.
If the amount to which the tenant is entitled under
this subsection is greater than the amount paid to the tenant,
the tenant may recover the difference;
e.
If a security deposit and unearned rent held by a
landlord are insufficient to satisfy the tenant’s obligations
under the lease and this Title, the landlord may recover from
the tenant the amount necessary to satisfy those obligations;
and
f.
If the landlord fails to comply with this
subsection or fails to pay any amounts to which the tenant is
entitled under this subsection, the tenant may recover the
property and money due the tenant together with, in the case
of a landlord other than the Tribe, damages in an amount equal
to twice the amount wrongfully withheld.
11. When a landlord’s interest in the premises terminates,
the landlord shall:
a.
If the lease continues, not later than thirty (30)
days after the termination of the landlord’s interest:
i.
Transfer
to
the
person
succeeding
the
landlord’s interest in the premises any security deposit
being held by the landlord;
ii. Notify
the
tenant
in
writing
of
the
successor’s name and address, the amount transferred,
and any claim previously made against the security
deposit; or
b.
If the lease terminates as a result of the
termination of the landlord’s interest, comply with
subsection 10 of this Section.
12. A successor to a landlord’s interest in the premises has
all rights and obligations of the landlord under this Title with
respect to any security deposit held by the predecessor landlord
which has not been returned to the tenant, whether or not the
security deposit was transferred or distributed to the successor.
If a predecessor landlord fails to transfer or distribute the
security deposit to the successor as provided in this Section, the
tenant shall have no action against the successor, but the tenant
or, if he or she pays the tenant amounts due under this Section,
the successor may recover from the predecessor landlord an amount
equal to twice the amount due the tenant under this Section or,
XI-18

where the predecessor landlord is the Tribe, the actual amount due
the tenant.
13. This Section shall not preclude the landlord or tenant
from recovering other damages to which either may be entitled under
this Title.
Section 11-2-14.

Rules of Landlord.

1.
Except as otherwise provided in the laws of the Tribe,
a landlord may enforce a rule of the landlord in existence at the
time the lease commenced only if the rule was disclosed to the
tenant under Section 11-2-2.
2.
Except as otherwise provided in this Section, after
commencement of the term of a lease, the landlord may adopt or
modify a rule concerning the tenant’s use and enjoyment of the
premises, but the rule or modification may not take effect earlier
than thirty (30) days after the landlord gives the tenant written
notice of the rule or modification.
3.
In a periodic tenancy, a rule or modification adopted
after commencement of the term of the lease may not take effect
before the expiration of the period during which the tenant or
landlord could have exercised the right to terminate the tenancy.
Section 11-2-15.

Title to Premises.

1.
When a person enters into possession of real property
under a lease, he or she may not, while in possession, deny the
title of the landlord in an action brought upon the lease by the
landlord.
2.

Notwithstanding any other law to the contrary:

a.
No possession by any person, no matter how long
continued, of any land, water, water right, easement, or other
property whatsoever in the territory of the Tribe dedicated
to, held in trust for, or owned by the Tribe or any of its
councils,
commissions,
boards,
agencies,
departments,
divisions, instrumentalities, or economic enterprises shall
ever ripen into any title, interest, or right against the
Tribe or such council, commission, board, agency, department,
division, instrumentality, or economic enterprise;
b.
No prescription or statute of limitations shall
run, or continue to run, against the title of the Tribe or
XI-19

any of its councils, commissions, boards, agencies,
departments, divisions, instrumentalities, or economic
enterprises to lands in the territory of the Tribe;
c.
No title to any lands of the Tribe or any of its
councils,
commissions,
boards,
agencies,
departments,
divisions, instrumentalities, or economic enterprises in the
territory of the Tribe, or any right therein, shall be
acquired by adverse possession or prescription or otherwise
than by conveyance from the Tribe or such council, commission,
board, agency, department, division, instrumentality, or
economic enterprise.
CHAPTER 3
TERMINATION OF TENANCIES
Section 11-3-1.

Termination of Tenancies.

1.
A periodic tenancy continues until the landlord
tenant gives the other the notice required in this Section.

or

2.
Except as otherwise provided in this Title, in the
absence of a provision in the lease or other written agreement
signed by the landlord and tenant providing otherwise, a landlord
or tenant may terminate a periodic tenancy:
a.
For week to week, by giving the other at least seven
(7) days’ written notice of the party’s intent to terminate
the tenancy at the end of the weekly period;
b.
For month to month, by giving the other at least
thirty (30) days’ written notice of the party’s intent to
terminate the tenancy at the end of the monthly period; and
c.
For other successive periods, by giving the other
at least ninety (90) days’ written notice of the party’s
intent to terminate the tenancy at the end of the period.
3.
A tenancy for a fixed term continues until the end of
the term, provided that a landlord or tenant may terminate a
tenancy for a fixed term prior to the end of the term:
a.

By mutual agreement;

b.
Unless prohibited by this Title, as provided in the
lease; or
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c.

As otherwise permitted in this Title.

Section 11-3-2.

Holdover Tenant.

1.
Except as otherwise provided in this Title, if a tenant
remains in possession without the landlord’s consent after
expiration of a tenancy for a fixed term or termination of a
periodic tenancy, the landlord may bring an action for eviction
pursuant to this Title. If the tenant’s holdover is willful, the
landlord may recover three (3) times the periodic rent or three
(3) times the actual damages, whichever is greater.
2.
Unless a landlord and tenant otherwise agree in writing,
if the tenant remains in possession with the landlord’s consent
after expiration of a tenancy for a fixed term, a periodic tenancy
for month to month arises under the same terms as the expired
lease.
3.
In addition to the ability to bring an action for
eviction pursuant to this Section, if a tenant remains in
possession of land owned by or held in trust for the Tribe without
the Tribe’s consent after expiration of a tenancy for a fixed term
or termination of a periodic tenancy, such possession shall also
be deemed a trespass subject to any applicable civil or criminal
law governing the same, including criminal prosecution and a civil
fine not to exceed eight hundred dollars ($800) per day of such
trespass.
Section 11-3-3.

Death of Tenant.

1.
If a sole tenant under a lease of a dwelling unit dies
before the end of a tenancy for a fixed term or a periodic tenancy:
a.
The tenant’s surviving spouse who resides in the
dwelling unit may assume the lease and become the tenant under
the lease by giving the landlord written notice stating the
intent of the spouse to assume the lease no later than twenty
(20) days after the tenant’s death; or
b.
Except as otherwise provided in applicable law
other than this Title, no sooner than twenty (20) days after
the tenant’s death, a landlord or tenant representative may
terminate the lease by giving to the other and to a surviving
spouse of the tenant who resides in the dwelling unit written
notice which states:
XI-21

i.
The lease will terminate on a specified date
after receipt of the notice which must be, in the case
of a periodic tenancy, consistent with the provisions of
this Chapter, and, in the case of a tenancy for a fixed
term, at least thirty (30) days; and
ii. In the case of notice to a surviving spouse,
that the surviving spouse has twenty (20) days after
receipt of the notice to assume the lease and, if the
spouse assumes the lease, the spouse will become the
tenant under the lease.
2.
Unless the lease provides otherwise, if a sole
individual tenant or principal owner of a tenant that is not an
individual under a non-residential lease dies before the end of a
tenancy for a fixed term or a periodic tenancy:
a.
In the case of a tenancy for a fixed term, the lease
will remain in force and the personal representative for the
deceased tenant’s estate shall become the tenant for the
duration of the lease term;
b.
In the case of a periodic tenancy, the tenancy will
automatically terminate at the end of the current periodic
term unless the personal representative for the deceased
tenant’s estate assumes the tenancy and becomes the tenant
under the lease by giving the landlord written notice stating
the intent of the personal representative to assume the
tenancy no later than twenty (20) days after the tenant’s
death; and
c.
Notwithstanding any provision of the lease to the
contrary, if the personal representative for the deceased
tenant’s estate becomes the tenant under the lease or periodic
tenancy, such personal representative shall have the
authority to assign the lease in accordance with the
provisions of this Title without approval of the landlord,
other than a landlord that is the Tribe, to the heir or
successor of the tenant who shall become the tenant under the
lease.
3.
If a landlord is unable to contact a deceased tenant’s
surviving spouse who resides in a dwelling unit or tenant
representative the purpose of terminating a lease under this
Section, the landlord may terminate the lease without notice if
rent that was due was not paid for at least twenty-five (25) days.
XI-22

Section 11-3-4.

Destruction of Premises.

1.
If leased premises or part of the leased premises is
substantially damaged or destroyed by a fire, other casualty, or
natural disaster and:
a.
If the premises or part of the premises is
uninhabitable or inaccessible or continued occupancy of the
premises is unlawful or dangerous, the tenant may vacate the
premises immediately and, not later than fourteen (14) days
after vacating the premises, give the landlord written notice
of the tenant’s intent to terminate the lease, in which case
the lease terminates as of the date the tenant vacates the
premises;
b.
If the premises are habitable and continued
occupancy of the premises is lawful and not dangerous, subject
to the landlord’s right to terminate the lease under this
subsection, the tenant may continue the lease, subject to the
remedies available to the tenant under Chapter 4 of this
Title; or
c.
If continued occupancy of the premises is unlawful
or dangerous or requires repairs that can be made only if the
tenant vacates the premises, the landlord may terminate the
lease by giving the tenant written notice that the lease will
terminate on a specified date, which must be at least five
(5) days after the notice is given.
2.
If a lease is terminated under this Section, the landlord
shall return any security deposit and unearned rent to which the
tenant is entitled under this Title.
3.

This Section does not preclude:

a.
A landlord from seeking actual damages from the
tenant for damage to the premises caused by an act or omission
of the tenant or the tenant’s guest; or
b.
A tenant from seeking actual damages from the
landlord if the fire or other casualty was caused by an act
or omission of the landlord or landlord’s agent.
4.
A non-residential lease may contain provisions governing
the damage or destruction of the leased premises which are
different from or additional to the provisions of this Section.
XI-23

Section 11-3-5.
1.

Abandonment.

A tenant abandons a leased premises if:

a.
The tenant delivers possession of the premises to
the landlord before the end of the term by returning the keys
or other means of access or otherwise notifies the landlord
the premises has been vacated;
b.
Rent that is due was not paid for at least five (5)
days and the tenant has:
i.
Vacated the premises by removing substantially
all of the tenant’s personal property from the premises;
and
ii. Caused the termination of an essential service
or otherwise indicated by words or conduct that the
tenant has no intention to return to the premises; or
c.
The tenant engages or fails to engage in other
conduct defined as an abandonment under the lease.
2.
If a tenant abandons the premises before the end of the
term of the lease, the landlord may recover possession of the
premises without a court order and may:
a.
Accept the tenant’s abandonment of the premises by
written notice given to the tenant, in which case:
i.
The
abandonment;

lease

terminates

on

the

date

of

ii. The landlord and tenant are liable to each
other under the lease only for a noncompliance with the
lease or this Title which occurred before the lease
terminates; and
iii. The landlord shall return any security deposit
and unearned rent to which the tenant is entitled under
this Title; or
b.

Treat the abandonment as wrongful.

3.
If a landlord treats abandonment of a leased premises as
wrongful, the tenant remains liable under the lease and the
XI-24

landlord has a duty to mitigate by making a reasonable effort to
rent the premises, subject to the following rules:
a.
The landlord’s duty to mitigate does not take
priority over the landlord’s right to lease first any other
premises the landlord has available to lease;
b.
If the landlord leases the abandoned premises to
another person for a term beginning before the expiration of
the term of the lease of the abandoning tenant, the lease
terminates as of the date of the new tenancy and the landlord
may recover actual damages from the abandoning tenant;
c.
If the landlord makes a reasonable effort to lease
the abandoning tenant’s premises but is unable to lease it or
is able to lease it only for an amount less than the rent
payable by the abandoning tenant, the landlord may recover
actual damages from the abandoning tenant;
d.
If the landlord fails to make a reasonable effort
to lease the abandoning tenant’s premises, the lease
terminates as of the date of abandonment, and the landlord
and tenant are liable to each other under the lease or this
Title only for a noncompliance with the lease or this Title
which occurred before the date of abandonment; and
e.
After deducting the landlord’s actual damages, the
landlord shall return any security deposit and unearned rent
to which the tenant is entitled under this Title.
4.
In this Section, “reasonable efforts” means steps a
landlord would take to rent premises if the premises were vacated
at the end of a term, including showing the premises to a
prospective tenant or advertising the availability of the
premises.
Section 11-3-6.
Abandonment.

Disposition

of

Property

on

Termination

or

1.
If personal property remains on the premises after the
tenant vacates the premises at the termination of the tenancy,
including pursuant to an eviction under this Title or court order,
or the tenant abandons the premises under this Chapter and the
landlord and tenant do not agree otherwise at the time of
relinquishment, the landlord shall:

XI-25

a.
Give the tenant written notice in accordance with
this Section of the tenant’s right to retrieve the property;
and
b.
Leave the property on the premises or inventory the
property and store it on the premises or in another place of
safekeeping and exercise reasonable care in moving or storing
the property.
2.
The notice required by this Section must be posted at
the premises and:
a.
Be sent to any forwarding address the tenant
provided to the landlord, an address provided under Section
11-2-3, another address of the tenant known to the landlord,
or, if no address is provided or known, to the address of the
premises;
b.
Inform the tenant of the right to contact the
landlord to claim the property within a stated period of time
which is no less than thirty (30) days after receipt of the
notice, subject to payment of the landlord’s inventorying,
moving, and storage costs; and
c.
Provide a telephone number, e-mail address, or
mailing address at which the landlord may be contacted.
3.
If a tenant contacts the landlord to claim personal
property not later than the time provided by the landlord in the
notice to the tenant under this Section, the landlord shall permit
the tenant to retrieve personal property not later than five (5)
days after the date of contact or within a longer period to which
the parties agree.
4.
A landlord may require the tenant to pay reasonable
inventorying, moving, and storage costs before retrieving personal
property under this Section. The landlord shall not condition the
retrieving or return of a tenant’s personal property on the payment
of any other costs, fees, or amounts. If the landlord attempts to
condition the retrieving or return of personal property on payment
of any other costs, fees, or amounts, the landlord shall forfeit
the landlord’s right to recovery or payment of all inventorying,
moving, and storage costs.
5.
This Section does not prohibit a landlord from
immediately disposing of perishable food, hazardous material,
garbage, and trash or transferring an animal to an animal-control
XI-26

officer, humane society, or other person willing to care for the
animal.
6.
If a deceased tenant’s personal property is not
retrieved within the time specified in this Section, the landlord
may dispose of the property in compliance with Section 11-3-8.
7.
A landlord that complies with this Section is not liable
to the tenant or another person for a claim arising from removal
of personal property from the premises.
Section 11-3-7.

Disposition of Property on Death.

1.
If a landlord knows that a tenant who was the sole
occupant of the premises has died, the landlord:
a.
Shall give written notice in accordance with this
Section; and
b.
Leave the property on the premises or inventory the
property and store it on the premises or in another place of
safekeeping and exercise reasonable care in moving or storing
the property.
2.
The notice required by this Section must be posted at
the premises and:
a.
Be sent to any tenant representative known to the
landlord or, in the absence of a tenant representative, to
the tenant at the tenant’s last-known address or other address
of the tenant known to the landlord and to any person the
tenant has told the landlord to contact in the case of an
emergency;
b.
State the name of the tenant and address of the
premises;
c.

State the approximate date of the tenant’s death;

d.
Inform the person receiving the notice that, if the
personal property on the premises is not claimed within sixty
(60) days after the notice was sent, the property is subject
to disposal by the landlord; and
e.
Provide the landlord’s name, telephone number, and
mail or e-mail address at which the landlord may be contacted.
XI-27

3.
If the tenant representative or other person contacts
the landlord to claim personal property of the tenant not later
than the time provided by the landlord in the notice under this
Section, the landlord shall give the tenant representative or other
person access at a reasonable time to retrieve any personal
property of the tenant.
The landlord may require a person
retrieving the property to prepare and sign an inventory of the
property being retrieved and pay the reasonable inventorying,
moving, and storage costs before retrieving the property.
4.
This Section does not prohibit a landlord from
immediately disposing of perishable food, hazardous material,
garbage, and trash or transferring an animal to an animal-control
officer, humane society, or other person willing to care for the
animal.
5.
The landlord shall pay the tenant representative the
deceased tenant’s security deposit and unearned rent to which the
tenant otherwise would have been entitled under this Title.
6.
If a deceased tenant’s personal property is not
retrieved within the time specified in this Section, the landlord
may dispose of the property in compliance with Section 11-3-8.
7.
A landlord that complies with this Section is not liable
to the tenant’s estate or another person for unearned rent, a
security deposit, or a claim arising from removal of personal
property from the premises.
8.
A landlord that willfully violates this Section is
liable to the estate of the deceased tenant for actual damages.
Section 11-3-8.

Disposal of Abandoned Property.

1.
Except as otherwise provided in this Section, unless a
landlord and tenant otherwise agree, if the tenant or tenant
representative fails to contact the landlord or retrieve personal
property as provided in this Chapter, the property is deemed
abandoned and:
a.
If a sale is economically feasible, the landlord
shall sell the property and, after deducting the reasonable
cost of inventorying, moving, storing, and disposing of the
property, shall treat the proceeds as part of the tenant’s
security deposit; or

XI-28

b.
If a sale is not economically feasible, the
landlord may dispose of the property in any manner the
landlord considers appropriate.
2.
If personal property that is deemed abandoned under this
Section is of cultural, religious, or ceremonial significance, the
landlord shall return such personal property to the tenant, the
tenant’s immediate or extended family, and/or the Culture
Department of the Tribe.
Section 11-3-9.

Domestic or Family Violence.

1.
If a victim, and not a perpetrator, of an act of domestic
or family violence is a tenant of a dwelling unit and has a
reasonable fear of suffering psychological harm or a further act
of domestic or family violence if the victim continues to reside
in the dwelling unit, the tenant, without the necessity of the
landlord’s consent, is released from the lease if the tenant gives
the landlord a notice that complies with this Section and:
a.
A copy of a court order that restrains a perpetrator
from contact with the tenant;
b.
Evidence of the conviction or adjudication of a
perpetrator for an act of domestic or family violence against
the tenant; or
c.

A verification that complies with this Section.

2.
To be released from a lease under this Section, the
tenant must give the landlord written notice which:
a.
States the tenant’s intent to be released from the
lease on a date which must be at least thirty (30) days from
the date of the notice or, if the perpetrator is a cotenant
of the dwelling unit, an earlier date;
b.
States
facts
giving
rise
to
the
fear
of
psychological harm or suffering a further act of domestic or
family violence if the victim continues to reside in the
dwelling unit; and
c.

Is given to the landlord:

i.
Not later than ninety (90) days after an act
of domestic or family violence against the tenant;
XI-29

ii. When a court order exists that restrains a
perpetrator from contact with the tenant because of an
act of domestic or family violence; or
iii. If the perpetrator was incarcerated, not later
than ninety (90) days after the tenant acquired
knowledge
that
the
perpetrator
is
no
longer
incarcerated.
3.
A verification given by a tenant under this Section must
be under oath and include the following:
a.

From the tenant:

i.
The tenant’s
dwelling unit;

name

and

the

address

ii. The approximate dates on which
domestic or family violence occurred;

an

of

the

act

of

iii. The approximate date of the most recent act of
domestic or family violence;
iv. A statement that because of an act of domestic
or family violence, the tenant has a reasonable fear
that the tenant or immediate or extended family member
residing in the dwelling unit will suffer psychological
harm or a further act of domestic or family violence if
the tenant or family member continues to reside in the
dwelling unit; and
v.
A statement that the representations in the
verification are true and accurate to the best of the
tenant’s knowledge and the tenant understands that the
verification could be used as evidence in court; and
b.

From an attesting third party:

i.
party;

The name, address, and telephone number of the

ii. The capacity in which the party received the
information regarding the act of domestic or family
violence;
iii. A statement that the party has read the
tenant’s verification and been advised by the tenant
XI-30

that the tenant is the victim of an act of domestic or
family violence and has a reasonable fear that the tenant
or immediate or extended family member residing in the
dwelling unit will suffer psychological harm or a
further act of domestic or family violence if the tenant
or family member continues to reside in the dwelling
unit; and
iv. A statement that the party, based on the
tenant’s
verification,
believes
the
tenant
and
understands that the verification may be used as the
ground for releasing the tenant from a lease or
terminating the tenant’s interest under the lease.
4.
unit:

If there is only one individual tenant of the dwelling

a.
A release under this Section terminates the lease
on the date specified in the notice under this Section if the
tenant vacates the dwelling unit on or before that date; and
b.
The tenant is not liable for rent accruing after
the lease terminates or other actual damages resulting from
termination of the lease, but the tenant remains liable to
the landlord for rent and other amounts owed to the landlord
before termination of the lease.
5.
unit:

If there are multiple individual tenants of the dwelling

a.
The tenant who gave notice under this Section is
released from the lease as of the date specified in the notice
if the tenant vacates the dwelling unit on or before the
specified date, but the release of one tenant under this
Section does not terminate the lease with respect to other
tenants;
b.
The tenant released from the lease is not liable to
the landlord or any other person for rent accruing after the
tenant’s release or actual damages resulting from the
tenant’s release;
c.
Any other tenant under the lease may recover from
the
perpetrator
actual
damages
resulting
from
the
termination; and

XI-31

d.
The landlord is not required to return to the tenant
released from the lease or a remaining tenant any security
deposit or unearned rent to which the tenant is otherwise
entitled under this Title until the lease terminates with
respect to all tenants.
6.
If a tenant is released from a lease under this Section,
the landlord:
a.
Except as otherwise provided in this Section, shall
return any security deposit and unearned rent to which the
tenant is entitled under this Title after the tenant vacates
the dwelling unit;
b.
May not assess a fee or penalty against the tenant
for exercising a right granted under this Section; and
c.
May not disclose information required
reported to the landlord under this Section unless:

to

be

i.
The tenant provides specific, time-limited,
and contemporaneous consent to the disclosure in writing
signed by the tenant; or
ii. The information is required to be disclosed by
a court order or applicable law other than this Title.
7.
A landlord may terminate the lease of a tenant of a
dwelling unit by giving the tenant written notice that the lease
will terminate on a date specified in the notice, which must be at
least thirty (30) days after notice is given, and such termination
shall not constitute retaliation if:
a.
Without the landlord’s permission, the tenant
invited a perpetrator of domestic or family violence onto the
premises or allowed a perpetrator of domestic or family
violence to occupy the dwelling unit:
i.
After the landlord gave the tenant written
notice to refrain from inviting the perpetrator onto the
premises; or
ii. During a time the tenant knows the perpetrator
is subject to a no-contact court order or a court order
barring the perpetrator from the premises; and
b.

The landlord demonstrates that:
XI-32

i.
There is an actual and imminent threat to the
health or safety of any individual on the premises, the
landlord, or the landlord’s agent if the lease is not
terminated; or
ii.

The perpetrator has damaged the premises.

8.
If a perpetrator is a party to the lease of the dwelling
unit, on issuance of a court order requiring the perpetrator to
vacate the dwelling unit, other than an order granted ex parte
without a hearing and subject to the provisions of Title IV of
this Code governing orders for possession related to orders for
protection, the perpetrator’s interest under the lease terminates
and the landlord and any remaining tenant may recover from the
perpetrator actual damages resulting from the termination,
provided that:
a.
Termination of a perpetrator’s interest under this
subsection does not terminate the interest or alter the
obligations of any other tenant under the lease; and
b.
The landlord shall not be required to return to the
perpetrator or any remaining tenant any security deposit or
unearned rent until the lease terminates with respect to all
tenants.
9.
If a landlord has a reasonable belief that a tenant of
a dwelling unit is the victim of an act of domestic or family
violence and another tenant of the same landlord who resides in
the same building as the tenant is the perpetrator, the landlord
may terminate the perpetrator’s interest in the lease by giving
the perpetrator written notice that the perpetrator’s interest
will terminate immediately or on a later specified date, which is
not later than thirty (30) days after notice is given. The notice
must state that the landlord has a reasonable belief that the
perpetrator has committed an act of domestic or family violence
and the approximate date of the act. Termination pursuant to this
subsection shall be subject to the following:
a.
Before giving notice to the perpetrator, the
landlord shall give notice, by any means reasonably
calculated to reach the tenant, of the landlord’s intent to
terminate the perpetrator’s interest to the tenant who was
the victim of the act of domestic or family violence;
b.
Failure of a tenant to receive notice of the
landlord’s intent to terminate the perpetrator’s interest
XI-33

shall not affect the landlord’s right to terminate under this
subsection or expose the landlord to any liability;
c.
If a landlord terminates a perpetrator’s interest
under a lease under this subsection, any other tenant under
the lease may recover from the perpetrator actual damages
resulting from the termination;
d.
Termination of a perpetrator’s interest under a
lease under this subsection does not terminate the interest
or alter the obligations of any other tenant under the lease;
e.
The landlord shall not be required to return to the
perpetrator or any remaining tenant any security deposit or
unearned rent until the lease terminates with respect to all
tenants; and
f.
In an action between a landlord and tenant
involving the right of the landlord to terminate the tenant’s
interest under this subsection, the landlord must prove by a
preponderance of the evidence that the landlord had a
reasonable belief that the tenant was a perpetrator.
10. On issuance of a court order requiring a perpetrator to
vacate a dwelling unit because of an act of domestic or family
violence, other than an order granted ex parte without a hearing
and subject to the provisions of Title IV of this Code governing
orders for possession related to orders for protection, neither
the landlord nor tenant has a duty to:
a.
Allow the perpetrator access to the dwelling unit
unless accompanied by a law enforcement officer; or
b.
Provide the perpetrator with any means of access to
the dwelling unit.
11. A landlord may recover from a perpetrator actual damages
resulting from a tenant’s exercise of a right under this Section
and, if the perpetrator is a party to the lease who remains in
possession of the dwelling unit, hold the perpetrator liable on
the lease for all obligations under the lease or this Title.
12. A perpetrator may not recover actual damages or other
relief resulting from the exercise of a right by a tenant or
landlord under this Section.

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13. Terms used in this Section which are defined in Title IV
of this Code shall have the meanings set forth in Title IV of this
Code.
CHAPTER 4
NON-RESIDENTIAL TENANCIES
Section 11-4-1. Applicability.
This Chapter applies to
nonresidential leases and all tenancies not governed by Chapter 5
of this Title.
Section 11-4-2.

Landlord Lien for Rent.

1.
A landlord shall have a lien for rent due on property of
the tenant not exempt by the laws of the Tribe until the rent is
paid as follows:
a.
Upon crops, livestock, or other agricultural
products raised on the premises for the current year, which
lien shall be superior to all other liens regardless of the
date the lien was acquired; and
b.
Upon all other property of the tenant placed upon,
used, or usually kept on the premises, which lien shall be
superior to any lien acquired subsequent to the property being
brought on the premises.
2.
A landlord may enforce a lien under this Section through
an action in the Tribal Court seeking a writ of execution in
accordance with the laws of the Tribe.
3.
When the premises are sublet or when the lease is
assigned, a landlord shall have the same lien against the sublessee
or assignee as the landlord would have against the tenant and may
enforce the lien in like manner.
Section 11-4-3.

Non-Residential Landlord Duties.

1.
In the absence of a provision in the lease or other
written agreement signed by the landlord and tenant otherwise, the
landlord of a non-residential lease shall:
a.
Comply with the obligations imposed on the landlord
by the lease and this Title;

XI-35

b.
Comply with all obligations imposed on the landlord
by any applicable building, housing, fire, or health code or
other applicable law;
c.
Maintain all structural elements of the premises in
a safe and habitable condition, including making necessary
repairs, including but not limited to, ensuring to the extent
necessary for or applicable to the use of the premises or
purpose of the lease:
i.
Such structural elements comply with any
applicable building, housing, fire, or health code or
other applicable law;
ii. Floors, doors, windows, walls,
stairways, and railings are in good repair;

ceilings,

iii. The roof and exterior walls, including windows
and doors, have effective waterproofing and weather
protection;
iv. Plumbing facilities conform to applicable law
and are maintained in good working order;
v.
To the extent necessary and appropriate, there
is a water supply approved under applicable law which
can provide hot and cold running water;
vi. Ventilation and heating facilities conform to
applicable law and are maintained in good working order;
vii. Electrical lighting, wiring, and equipment
conform to applicable law and are maintained in good
working order;
viii.
Locks or other security devices on all
exterior doors and on windows that open and close are in
good repair;
ix. Any safety equipment required by applicable
law is in good working order; and
x.
Reasonable measures are in place to control
the presence of rodents and other vermin and to prevent
exposure to unsafe levels of radon, lead paint,
asbestos, toxic mold, and other hazardous substances;
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d.
To the extent the premises include a parking area,
common area, or other areas under the landlord’s control,
have reasonable measures in place to make the area:
i.

Clean and sanitary;

ii. Safe for normal and reasonably foreseeable use
consistent with the lease and in good repair; and
iii. Reasonably free of debris, filth, rubbish,
garbage, vermin, and hazardous substances;
e.
Have an adequate number of appropriate receptacles
in reasonably clean condition if the landlord is obligated to
provide trash removal or recycling service by applicable law
or a written agreement signed by the landlord and tenant;
f.
Have in good repair other facilities and appliances
supplied or required to be supplied by the landlord;
g.
Ensure the premises have access to essential
services, provided the lease may require an account with a
utility provider of an essential service be in the name of
the tenant and the tenant pay the periodic cost for the
service and, if the service is not provided because the tenant
fails to pay for the service, the landlord does not fail to
comply with this subsection; and
h.

Not enter the premises unless:

i.
Entry is as a member of the public in the same
manner other members of the public may enter the
premises;
ii. Entry is permitted by the lease, this Title,
or the tenant otherwise agrees;
iii. Entry is for a legitimate emergency;
iv. Entry is to make necessary or agreed repairs,
decorations, alterations, or improvements after written
notice to the tenant of the date and time for the same;
v.
Entry
services;
vi.

is

to

supply

necessary

Entry is under a court order;
XI-37

or

agreed

vii. The tenant has abandoned the premises under
this Title; or
viii.
this Title.

Permitted by applicable law other than

2.
In this Section, “structural elements” means the parts
of a premises related to the support of the premises, including
but not limited to, roofs and roof membranes; sidewalks; walls;
foundations; plumbing; pipes, tubes, and other conduits and
utility lines leading to or from the premises or embedded into the
structure of the premises; floor slabs and structures; exterior
surfaces of the premises; building shell; structural members; and
electrical,
heating
and
air
conditioning,
plumbing,
and
ventilation systems.
3.
If a sublessor is a landlord for purposes of this Title,
the sublessor has the duty to comply with this Section except for
duties that would require the sublessor to access parts of the
premises beyond the sublessor’s control.
Section 11-4-4. Non-Residential Tenant Duties. In the absence of
a provision in the lease or other written agreement signed by the
landlord and tenant otherwise, a tenant shall:
1.
Comply with the obligations imposed on the tenant by the
lease and this Title;
2.
Comply with all applicable rules of the landlord adopted
in accordance with this Title;
3.
Comply with the obligations imposed on a tenant by any
building, housing, fire, or health code or other applicable law;
4.
Maintain, including making necessary repairs, all
additions or improvements installed by the tenant, interior
surfaces of the premises, and elements of the premises which are
necessary only for the tenant’s use of the premises, including but
not limited to, partition walls, carpeting, lighting, wall
coverings, and plumbing fixtures;
5.
Comply with any applicable laws necessitated solely due
to the tenant’s particular use of the premises;
6.
Unless the landlord and tenant otherwise agree, use the
premises only for the purposes identified in the lease;
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7.
Except with respect to duties imposed on the landlord by
the lease, this Title, or other applicable law, keep the premises
reasonably safe and sanitary;
8.
Remove all garbage, rubbish, and other debris from the
premises in a clean and safe manner;
9.
Use in a reasonable manner all electrical, plumbing,
heating, ventilating, and air-conditioning systems and other
facilities and appliances on the premises;
10. Without the landlord’s consent, not intentionally or
negligently, and not intentionally or negligently permit the
tenant’s guests to, destroy, deface, damage, impair, remove, or
render inoperative any part of the premises or safety equipment on
the premises;
11. Not engage in or permit the tenant’s guests to engage in
criminal activity on the premises;
12. Notify the landlord within a reasonable time of any
condition of the premises which requires repair by the landlord
under the lease or Section 11-4-3;
13. Not disturb the use and enjoyment of the premises by
another tenant or permit the tenant’s guests to do the same;
14. Return the premises to the landlord at the termination
of the lease in the same condition as it was at the commencement
of the term of the lease, with the premises free of any damage
caused by the tenant or the tenant’s guests, except for:
a.

Normal wear and tear;

b.
Damage resulting from a cause beyond the control of
the tenant or the tenant’s guests; and
c.
Any addition or improvement installed on the
premises with the landlord’s consent, provided that if the
tenant is required to or permitted to remove any such addition
or improvement and removes such addition or improvement, the
tenant shall restore the premises as closely as possible to
their condition before the installation of such addition or
improvement; and
15. Not unreasonably withhold consent for the landlord to
enter the premises to:
XI-39

a.

Inspect the premises;

b.
Make a necessary or agreed-to repair, alteration,
or improvement;
c.

Supply a necessary or agreed-to service; or

d.
Exhibit the premises to a prospective or actual
purchaser, mortgagee, tenant, worker, or contractor or to a
public official responsible for enforcing a building,
housing, fire, or health code or other applicable law.
Section 11-4-5. Maintenance Agreements.
1.
A landlord and tenant may agree that the tenant is to
perform specified repairs, maintenance tasks, alterations, or
remodeling.
2.
A landlord may not treat performance of an agreement
described in this Section as a condition to the performance of any
obligation under the lease or this Title.
CHAPTER 5
RESIDENTIAL TENANCIES
Section 11-5-1. Applicability. This Chapter applies to the leasing
and rental of a dwelling unit.
Section 11-5-2.
Landlord Lien Prohibited.
Notwithstanding
anything to the contrary in this Title, a landlord may not create,
perfect, or enforce a lien or security interest on a tenant’s
tangible personal property to secure the tenant’s performance
under the lease or this Title.
Section 11-5-3.
1.

Residential Landlord Duties.

The landlord of a dwelling unit shall:

a.
Comply with the obligations imposed on the landlord
by the lease and this Title;
b.
Maintain the premises in a habitable condition,
including making necessary repairs, including but not limited
to, ensuring that the premises:
XI-40

i.
Comply with all obligations imposed on the
landlord by any applicable building, housing, fire, or
health code or other applicable law;
ii. Have effective waterproofing and weather
protection of the roof and exterior walls, including
windows and doors;
iii. Have plumbing facilities that conform to
applicable law and are maintained in good working order;
iv. Have access to a water supply approved under
applicable law which can provide hot and cold running
water;
v.
Have
adequate
ventilation
and
facilities that conform to applicable law
maintained in good working order;

heating
and are

vi. Have electrical lighting, with wiring
equipment that conform to applicable law and
maintained in good working order;

and
are

vii. Have reasonable measures in place to control
the presence of rodents, bedbugs, and other vermin and
to prevent exposure to unsafe levels of radon, lead
paint, asbestos, toxic mold, and other hazardous
substances;
viii.
To the extent the premises include a
common area or other areas under the landlord’s control,
have reasonable measures in place to make the area:
(1)

Clean and sanitary;

(2) Safe
for
normal
and
reasonably
foreseeable use consistent with the lease and in
good repair; and
(3) Reasonably
free
of
debris,
filth,
rubbish, garbage, vermin, and hazardous substances;
ix. Have an adequate number of appropriate
receptacles in reasonably clean condition if the
landlord is obligated to provide trash removal or
recycling service by applicable law or a written
agreement signed by the landlord and tenant;
XI-41

x.
Have in good repair floors, doors, windows,
walls, ceilings, stairways, and railings;
xi. Have in good repair other facilities and
appliances supplied or required to be supplied by the
landlord;
xii. Have in good repair locks or other security
devices on all exterior doors and on windows that open
and close, including those of the dwelling unit and other
parts of the premises; and
xiii.
Have in good working order any safety
equipment required by applicable law;
c.
Ensure the premises have access to essential
services, provided the lease may require an account with a
utility provider of an essential service be in the name of
the tenant and the tenant pay the periodic cost for the
service and, if the service is not provided because the tenant
fails to pay for the service, the landlord does not fail to
comply with this subsection; and
d.

Not enter the dwelling unit unless:

i.
Entry is permitted by the lease, this Title,
or the tenant otherwise agrees;
ii.

Entry is for a legitimate emergency;

iii. Entry is to make necessary or agreed repairs,
decorations, alterations, or improvements after written
notice to the tenant of the date and time for the same;
iv. Entry
services;
v.

is

to

supply

necessary

or

agreed

Entry is under a court order;

vi. The tenant has abandoned the dwelling unit
under this Title; or
vii. Permitted by applicable law other than this
Title.

XI-42

2.
The landlord and tenant of a dwelling unit which is a
single family residence may provide for the tenant to be
responsible for some or all of the landlord’s duties under this
Section in the lease or other written agreement signed by the
landlord and tenant.
3.
If a sublessor is a landlord for purposes of this Title,
the sublessor has the duty to comply with this Section except for
duties that would require the sublessor to access parts of the
premises beyond the sublessor’s control.
Section 11-5-4. Residential Tenant Duties. In the absence of a
provision in the lease or other written agreement signed by the
landlord and tenant otherwise, a tenant shall:
1.
Comply with the obligations imposed on the tenant by the
lease and this Title;
2.
Comply with all applicable rules of the landlord adopted
in accordance with this Title;
3.
Comply with the obligations imposed on a tenant by any
building, housing, fire, or health code or other applicable law;
4.
Unless the landlord and tenant otherwise agree, use the
dwelling unit only for residential purposes;
5.
Except with respect to duties imposed on the landlord by
the lease, this Title, or other applicable law, keep the premises
reasonably safe and sanitary;
6.
Remove all garbage, rubbish, and other debris from the
premises in a clean and safe manner;
7.
Keep all
reasonably clean;

plumbing

fixtures

in

the

dwelling

unit

8.
Use in a reasonable manner all electrical, plumbing,
heating, ventilating, and air-conditioning systems and other
facilities and appliances on the premises;
9.
Without the landlord’s consent, not intentionally or
negligently, and not intentionally or negligently permit the
tenant’s guests to, destroy, deface, damage, impair, remove, or
render inoperative any part of the premises or safety equipment on
the premises;
XI-43

10. Not disturb the use and enjoyment of the premises by
another tenant or permit the tenant’s guests to do the same;
11. Not engage in or permit the tenant’s guests to engage in
criminal activity on the premises;
12. Notify the landlord within a reasonable time of any
condition of the premises which requires repair by the landlord
under the lease or Section 11-5-3 of this Chapter;
13. Return the premises to the landlord at the termination
of the lease in the same condition as it was at the commencement
of the term of the lease, with the premises free of any damage
caused by the tenant or the tenant’s guests, except for:
a.

Normal wear and tear;

b.
Damage resulting from a cause beyond the control of
the tenant or the tenant’s guests; and
c.
Any addition or improvement installed on the
premises with the landlord’s consent, provided that if the
tenant is required to or permitted to remove any such addition
or improvement and removes such addition or improvement, the
tenant shall restore the premises as closely as possible to
their condition before the installation of such addition or
improvement; and
14. Not unreasonably withhold consent for the landlord to
enter the dwelling unit to:
a.

Inspect the dwelling unit;

b.
Make a necessary or agreed-to repair, alteration,
or improvement;
c.

Supply a necessary or agreed-to service; or

d.
Exhibit the dwelling unit to a prospective or
actual purchaser, mortgagee, tenant, worker, or contractor or
to a public official responsible for enforcing a building,
housing, fire, or health code or other applicable law.

XI-44

Section 11-5-5. Maintenance Agreements.
1.
A landlord and tenant may agree that the tenant is to
perform specified repairs, maintenance tasks, alterations, or
remodeling only if:
a.
The agreement is in writing, other than the lease,
signed
by
the
parties
and
supported
by
adequate
consideration;
b.
The work is not necessary to cure the landlord’s
noncompliance with this Title; and
c.
The agreement does not affect the obligation of the
landlord to other tenants on the premises.
2.
A landlord may not treat performance of an agreement
described in this Section as a condition to the performance of any
obligation under the lease or this Title.
Section 11-5-6.

Domestic or Family Violence.

1.
If a tenant is a victim of an act of domestic or family
violence and the tenant has a reasonable fear that the perpetrator
or other person acting on the perpetrator’s behalf may attempt to
gain access to the dwelling unit, the tenant, without the
landlord’s consent, may cause the locks or other security devices
for the dwelling unit to be changed or rekeyed in a professional
manner and shall give a key or other means of access for the new
locks or security devices to the landlord and any other tenant
that is a party to the lease, other than the perpetrator, provided:
a.
If locks or other security devices are changed or
rekeyed under this subsection, the landlord may change or
rekey them, at the tenant’s expense, to ensure compatibility
with the landlord’s master key or other means of access or
otherwise accommodate the landlord’s reasonable commercial
needs; and
b.
If a perpetrator is a party to the lease, locks or
other security devices may not be changed or rekeyed under
this subsection unless a court order, other than an order
granted ex parte without a hearing and subject to the
provisions of Title IV of this Code governing orders for
possession related to orders for protection, expressly
requires that the perpetrator vacate the dwelling unit or
XI-45

restrains the perpetrator from contact with the tenant and a
copy of the order has been given to the landlord.
2.
A landlord may not refuse or threaten to refuse to rent
a dwelling unit if the landlord’s purpose for the refusal or threat
is that a tenant is or has been the victim of an act of domestic
or family violence.
3.
A perpetrator may not recover actual damages or other
relief resulting from the exercise of a right by a tenant or
landlord under this Section.
4.
Terms used in this Section which are defined in Title IV
of this Code shall have the meanings set forth in Title IV of this
Code.
CHAPTER 6
NONCOMPLIANCE
Section 11-6-1.

Landlord Noncompliance.

1.
Except as otherwise provided in this Title, a landlord
shall be in noncompliance if the landlord fails to comply with the
lease or this Title.
2.
If a landlord’s noncompliance results in the tenant not
receiving an essential service, materially interferes with the
health or safety of the tenant or the tenant’s guests, or
materially interferes with the use and enjoyment of the premises
by the tenant and the noncompliance is not remedied during the
applicable period specified in this Section, the tenant may:
a.
If the noncompliance materially interferes with the
health or safety of the tenant or the tenant’s guests,
terminate the lease immediately by giving written notice to
the landlord of the tenant’s intent to terminate the lease
immediately;
b.
If the noncompliance does not materially interfere
with the health or safety of the tenant or the tenant’s
guests, terminate the lease by giving written notice to the
landlord of the tenant’s intent to terminate the lease on a
specified date which is at least fourteen (14) days after the
applicable period required to remedy the breach; or

XI-46

c.
Continue the lease and elect one or more of the
following remedies:
i.
Withhold rent for the period of noncompliance
beginning on the date the tenant gave notice in
accordance with this Section;
ii.

Recover actual damages;

iii. Obtain
injunctive
relief,
performance, or other equitable relief;

specific

iv. Make repairs and deduct the cost from the rent
as provided in this Section; or
v.
Secure an essential service the landlord is
obligated to provide or, in the case of a dwelling unit,
comparable substitute housing during the period of
noncompliance.
3.
If a landlord’s noncompliance materially interferes with
the health or safety of a tenant or the use and enjoyment of the
premises by the tenant and it is impossible for the landlord to
remedy the noncompliance within thirty (30) days after the tenant
gave notice of the noncompliance, the landlord may terminate the
lease by giving the tenant written notice that the lease will
terminate on a specified date, which must be at least thirty (30)
days after the landlord gives the notice, provided that the
landlord may not rent the premises for ninety (90) days after
termination of the lease.
4.
If a landlord’s noncompliance does not materially
interfere with the health or safety of the tenant or the tenant’s
guests or the use and enjoyment of the premises by the tenant, the
tenant may:
a.

Recover actual damages;

b.
Obtain injunctive relief, specific performance, or
other equitable relief; or
c.
Make repairs and deduct the cost from the rent as
provided in this Section.
5.
A tenant may make repairs and deduct the cost from the
rent to remedy the landlord’s noncompliance under this Section
subject to the following:
XI-47

a.
The tenant must give notice of the noncompliance in
accordance with this Section;
b.
The landlord must fail to remedy the noncompliance
within the applicable period specified in this Section;
c.
The reasonable cost to remedy the noncompliance may
not exceed one month’s periodic rent;
d.
The repair must be made in a professional manner
and in compliance with applicable law;
e.
If the tenant makes repairs, the tenant is entitled
to recover the actual and reasonable cost incurred or the
reasonable value of the work performed to remedy the
noncompliance, not exceeding one month’s periodic rent;
f.
Unless the tenant has been reimbursed by the
landlord, the tenant may deduct the cost or value from rent
after submitting to the landlord an itemized statement,
accompanied by receipts for purchased items and services; and
g.
The tenant’s use of the remedy under this
subsection is limited to one month’s periodic rent during any
twelve (12) month period.
6.
If a lease is terminated under this Section, the landlord
shall return any security deposit and unearned rent to which the
tenant is entitled under this Title.
7.
If a landlord is in noncompliance, the tenant has the
remedies under this Section if the tenant gives the landlord:
a.

Written notice of the noncompliance; and

b.
An opportunity to remedy the noncompliance within
the following periods:
i.
If the noncompliance involves failure to
provide an essential service or materially interferes
with the health or safety of the tenant or the tenant’s
guest, as soon as practicable but not later than five
(5) days after the tenant gave the notice; and
ii. In all other cases, not later than fourteen
(14) days after the tenant gave the notice.
XI-48

8.
If a landlord is in noncompliance and the tenant has
complied with the provisions of this Section governing notice and
opportunity to remedy, the tenant may defend an action by the
landlord based on nonpayment of rent on the ground that no rent
was due because of the noncompliance.
9.
A tenant is not entitled to a remedy under this Section
to the extent:
a.
The landlord’s noncompliance was caused by an act
or omission of the tenant or the tenant’s guest; or
b.
The tenant or the tenant’s guest prevented the
landlord from having access to the premises to remedy the act
or omission described in the notice of the tenant.
Section 11-6-2.

Tenant Noncompliance.

1.
Except as otherwise provided in this Chapter, a tenant
shall be in noncompliance if the tenant:
a.

Fails to pay rent when due;

b.

Fails to comply with the lease or this Title;

c.
The tenant or the tenant’s guest commits a criminal
act on the premises; or
d.
Is subject to eviction for any of the grounds
specified in this Title.
2.
Except as otherwise provided by applicable law other
than this Title, if a tenant fails to pay rent when due, the
landlord may terminate the lease by giving written notice to the
tenant of the landlord’s intent to terminate the lease on a
specified date which is at least fourteen (14) days after the
applicable period required to remedy the noncompliance.
3.
Except as otherwise provided by applicable law other
than this Title, if there is a material noncompliance with a lease
or this Title by the tenant, other than nonpayment of rent, the
landlord may terminate the lease by giving written notice to the
tenant of the landlord’s intent to terminate the lease on a
specified date which is at least thirty (30) days after the
applicable period required to remedy the noncompliance.
XI-49

4.
If the tenant or the tenant’s guest has committed a
criminal act on the premises, the landlord may terminate the lease
by giving written notice to the tenant of the landlord’s intent to
terminate the lease on a specified date, provided that a landlord
may not terminate a lease under this subsection if the criminal
act was the act of the tenant’s guest and the tenant:
a.
Neither knew nor should have known the act was going
to be committed; and
b.
Took reasonable steps to ensure that there will not
be a repeated criminal act on the premises by the guest.
5.
Except as otherwise provided in this Title, if a tenant
is otherwise in noncompliance, the landlord may:
a.

Obtain injunctive relief or specific performance;

b.

Make repairs and recover the cost from the tenant;

or
c.
Regardless of whether the lease terminates as a
result of the tenant’s noncompliance, recover actual damages.
6.
If a tenant is in noncompliance, the landlord has the
remedies under this Section if the landlord gives the tenant:
a.
Written notice of the noncompliance which shall
specify the reason for the termination and the actions
required to remedy the noncompliance;
b.
An opportunity to remedy the noncompliance within
fourteen (14) days after the landlord gave the notice,
provided that a landlord may terminate the lease without
giving the tenant an opportunity to remedy a noncompliance
if:
i.
The tenant failed to pay rent in a timely
manner on at least two (2) occasions within the four (4)
month period preceding the notice to terminate the
lease;
ii. The tenant committed substantially the same
act or omission of material noncompliance for which
notice was given within six (6) months preceding the
latest noncompliance;
XI-50

iii. The noncompliance by the tenant poses an
actual and imminent threat to the health or safety of
any individual on the premises or the landlord or
landlord’s agent; or
iv. Subject to the limitations in this Section,
the tenant or the tenant’s guest has committed a criminal
act on the premises; and
c.
If the
statement that:

landlord

will

terminate

the

lease,

a

i.
If termination is based on an actual and
imminent threat to health or safety or criminal act as
provided in this subsection, the lease will terminate
immediately or on a later specified date; and
ii. In all other cases, the lease will terminate
on a specified date, which must be at least fourteen
(14) days after the landlord gave the notice.
7.
Without limiting the rights of a landlord or tenant to
terminate a periodic tenancy as provided in this Title, unless the
landlord and tenant otherwise agree after the noncompliance
occurs, a landlord waives the right to terminate the lease for the
noncompliance by accepting:
a.
Rent for two or more successive rental periods with
knowledge of noncompliance by the tenant; or
b.
The tenant’s performance that varies from the terms
of the lease or this Title.
Section 11-6-3.

Retaliation.

1.
A landlord may not take action against a tenant or engage
in conduct if the landlord’s purpose for taking the action or
engaging in the conduct is to retaliate against a tenant that:
a.
Complained to a governmental agency responsible for
enforcement of a building, housing, fire, or health code or
other applicable law, alleging a violation applicable to the
premises materially affecting the health or safety of the
tenant or the tenant’s guests;
b.
Complained to a governmental agency responsible for
enforcement of applicable laws prohibiting discrimination
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related to the premises or, in the case of a dwelling unit,
rental housing;
c.
Complained to the landlord of noncompliance with
the lease or this Title;
d.
Organized or became a member of a tenant’s union or
similar organization;
e.
Exercised or attempted to exercise a right or
remedy under the lease, this Title, or applicable law other
than this Title;
f.
Pursued an action or administrative remedy against
the landlord or testified against the landlord in court or an
administrative proceeding; or
g.
In the case of a dwelling unit, is a victim, or has
an immediate family member that is a victim, of an act of
domestic or family violence that resulted in either a
violation of the lease or this Title by the tenant or a law
enforcement or emergency response.
2.
Conduct that may be retaliatory
threatening to do any of the following:

includes

a.

Increasing the rent or fees;

b.

Decreasing services;

c.

Increasing the tenant’s obligations;

doing

or

d.
Imposing
different
rules
on
or
selectively
enforcing the landlord’s rules against the tenant or the
tenant’s guests;
e.
lease;

Otherwise materially altering the terms of the

f.
Bringing an action for eviction on a ground other
than nonpayment of rent;
g.
Refusing to renew a tenancy for a fixed term under
a lease containing a renewal option that is exercisable by
the tenant without negotiation with the landlord for any
period after the lease would otherwise terminate;
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h.

Terminating a periodic tenancy; or

i.
Committing a criminal act against the tenant or the
tenant’s guest.
3.
A landlord is not liable for retaliation under this
Section if:
a.
The violation of which the tenant complained was
caused primarily by the tenant or the tenant’s guest;
b.
The tenant’s conduct which the landlord is alleged
to be retaliating against was in an unreasonable manner or at
an unreasonable time or was repeated in a manner harassing
the landlord;
c.
The tenant was in default in the payment of rent at
the time notice of an action for eviction was sent;
d.
The tenant or the tenant’s guest engaged in conduct
that threatened the health or safety of another tenant on the
premises;
e.
The tenant or the tenant’s guest engaged in a
criminal act;
f.
The landlord is seeking to recover possession based
on a notice to terminate the lease and the notice was given
to the tenant before the tenant engaged in conduct which the
landlord is alleged to be retaliating against; or
g.
The landlord is complying or complied with a
building, housing, fire, or health code or other applicable
law by making a required repair, alteration, remodeling, or
demolition that effectively deprives the tenant of the use
and enjoyment of the premises.
4.
Evidence that a tenant engaged in conduct described in
subsection 1 of this Section within six (6) months before the
landlord’s alleged retaliatory conduct creates a rebuttable
presumption that the purpose of the landlord’s conduct was
retaliation, provided that:
a.
A presumption does not arise under this subsection
if the tenant engaged in conduct described in subsection 1 of
this Section after the landlord gave the tenant notice of the
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landlord’s intent to engage in the conduct which is alleged
to be retaliatory; and
b.
A landlord may rebut a presumption under this
subsection by a preponderance of evidence showing that the
landlord had sufficient justification for engaging in the
conduct that created the presumption and would have engaged
in the conduct in the same manner and at the same time whether
or not the tenant engaged in conduct described in subsection
1 of this Section.
5.
If a landlord’s purpose for taking action against a
tenant or engaging in conduct is to retaliate against a tenant:
a.
The tenant has a defense against an action for
eviction, may recover possession, or may terminate the lease;
b.
The tenant may recover three (3) times the periodic
rent or three (3) times the actual damages, whichever is
greater, or, where the Tribe is the landlord, the actual
damages;
c.
If a tenant terminates the lease under this
subsection, the landlord shall return any security deposit
and unearned rent to which the tenant is entitled under this
Title; and
d.
A tenant’s exercise of a right under this
subsection does not release the landlord from the landlord’s
duties under Chapter 4 or Chapter 5 of this Title, as
applicable.
6.
If a tenant engages in conduct described in subsection
1 of this Section knowing there is no factual or legal basis for
the conduct, the landlord may recover actual damages and the Tribal
Court may award the landlord up to three (3) times the periodic
rent.
CHAPTER 7
EVICTION
Section 11-7-1.
Definitions.
Unless the context requires
otherwise or another definition is provided for a particular
section, in this Chapter:

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1.
“Nuisance” means the maintenance on the premises of a
condition which:
a.
Unreasonably threatens the health or safety of the
public or neighboring land users; or
b.
Unreasonably and substantially interferes with the
ability of neighboring property users to enjoy the reasonable
use and occupancy of their property.
2.
“Waste” means spoil or destruction of land, buildings,
gardens, trees, or other improvements or natural occurrences which
results in substantial injury to the landlord’s interest in the
premises.
Section 11-7-2. Grounds for Eviction. A tenant or other person
may be evicted by the landlord in accordance with this Chapter if
such person remains in possession of the premises under any of the
following situations after the expiration of any opportunity to
remedy required under this Title:
1.

When such person fails to pay rent when due;

2.
When such person owes to the landlord any costs, fees,
or damages other than rent which have been due for thirty (30)
days or more, provided that the receipt by the landlord of partial
payments under an agreement shall not excuse the payment of any
balance that is due upon demand;
3.
When such person holds over or otherwise fails or refuses
to vacate any part of the premises after the lease has ended or
been terminated in accordance with the lease or this Title;
4.
When such person materially breaches or violates any
condition or covenant of the lease or violates any other condition
or covenant of the lease where language in the lease states that
the violation or breach of the condition or covenant allows the
landlord to terminate the lease;
5.
When such person continues to fail to keep or perform
any obligations primarily imposed upon tenants by applicable
provisions of building, housing, fire, or health codes materially
affecting health and safety;
6.
When such person violates the rules of the landlord
governing the premises when such rules have been either:
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a.

Adopted in accordance with this Title; or

b.
Made a part of the lease by the landlord either
before or after the lease is signed or agreed to;
7.
When such person continues to commit or to permit waste
upon the premises or maintain a nuisance upon the premises after
having been given notice and opportunity to remedy;
8.
Where such person disturbs the peace and quiet of the
landlord or the other tenants or occupants on the premises;
9.
When such person has caused or is causing intentional or
reckless damage, destruction, or injury to the property of the
landlord or other tenants or disturbed another tenant’s right to
quiet enjoyment of the premises;
10. When such person uses the premises in violation of
applicable law or for a purpose not authorized under the lease or
this Title;
11. When such person has engaged in conduct that creates or
is reasonably likely to create immediate injury or death to other
tenants or catastrophic destruction to the premises;
12. When such person knowingly gives false material
information or omits material facts in an application for tenancy
such that if the landlord had known the truth, the landlord’s
consistent and lawful policy would have been to deny the lease,
provided that eviction is commenced no later than ninety (90) days
after the falsity or omission is discovered;
13. When such person enters onto, remains, or occupies the
premises without permission, agreement, or any substantial claim
of a lease, tenancy, or title to the premises following any
reasonable demand by a person in authority over the premises to
leave; or
14. Under other terms in the lease which do not conflict
with the provisions of this Title.
Section 11-7-3.

Self-Help Eviction Prohibited.

1.
A landlord may evict a tenant or other person from the
premises only in accordance with this Chapter. A landlord may not
recover or take possession of premises which are still occupied by
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a tenant through an act of self-help or in any forceful manner,
including but not limited to:
a.

A manner which causes a breach of the peace;

b.
Willful interruption or causing the willful
interruption of an essential service to the premises;
c.

Forcing or changing locks;

d.
Breaking doors, windows, gates, fences, security
systems or other parts of the premises;
e.

Removing the tenant’s property from the premises;

or
f.
Threatening the tenant with bodily injury, harm, or
loss of or harm to personal property.
2.
Notwithstanding anything to the contrary in this Title,
in the case of a non-residential lease, the landlord may change
the locks or remove the tenant’s property from the premises in a
manner which does not cause a breach of the peace:
a.
When the lease has ended or been terminated by
either party in accordance with the lease or this Title; or
b.
When the premises are occupied without permission
or agreement following any reasonable demand by a person in
authority over the premises to leave.
3.
Nothing in this Section shall be construed as preventing
the removal of any person trespassing on property by law
enforcement or an authorized official of the Tribe.
Section 11-7-4.

Notice to Quit.

1.
Except as otherwise provided in this Section, a landlord
or owner of any premises shall not commence an action in Tribal
Court for eviction prior to fourteen (14) days from the date of
service on the tenant of a written notice to vacate and quit the
premises in accordance with this Section.
2.
A notice issued pursuant to this Section shall be in
writing substantially in the following form:

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I (or we) hereby give you notice that you are to quit
possession or occupancy of the premises now occupied by
you at (insert the address or other reasonable
description of the location of the premises), on or
before the (insert the date) for the following reason(s)
(insert the legally cognizable reason or reasons for the
notice to quit possession using statutory language or
words of similar import).
Signed, (insert the
signature, name and address of the landlord as well as
the date and place of signing).
3.
A notice issued pursuant to this Section shall be given
to the tenant by either:
a.
Delivering a copy personally to the tenant or to
any adult member of his or her family resident on the
premises;
b.
By sending a copy to the tenant by certified mail,
return receipt requested, properly addressed, postage
prepaid; or
c.
Posting said notice in a conspicuous place near the
entrance to said premises, and by sending an additional copy
to the tenant by certified mail, return receipt requested,
properly addressed, postage prepaid.
4.

A notice under this Section shall not be required:

a.
When the lease has ended or been terminated by
either party in accordance with the lease or this Title; or
b.
When the premises are occupied without permission
or agreement following any reasonable demand by a person in
authority over the premises to leave.
Section 11-7-5.

Procedure.

1.
Proceedings in the Tribal Court under this Chapter shall
be governed by the rules of procedure for the Tribal Court which
are not in conflict with this Title.
2.
The Tribal Court may issue orders under this Chapter by
telephone, facsimile, or other electronic means and such orders
shall have the same force and effect as original written orders.
Order issued by telephone shall be followed by a written order as
soon thereafter as possible.
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Section 11-7-6.

Rights of Parties.

1.
Every party to a proceeding under this Title has the
following rights:
a.
To be represented by legal counsel at their own
expense in all proceedings in the matter;
b.

To introduce evidence;

c.

To be heard on his or her own behalf;

d.
To have the Tribal Court compel the attendance of
a witness on his or her behalf; and
e.

To examine witnesses.

2.
All parties shall be entitled to advance copies of court
documents, including complaints and motions.
Section 11-7-7.

Initiation of Proceedings.

1.
Proceedings in the Tribal Court to evict a person from
premises shall be initiated by the filing of a complaint.
2.
Complaints may be filed by the landlord or other person
with authority over the premises.
3.
In addition to any other information required by the
laws of the Tribe, all complaints under this Section shall contain
the following information:
a.

The name(s) of the person(s) sought to be evicted;

b.

The basis for the Tribal Court’s jurisdiction;

c.
The address or
location of the premises;

reasonable

description

d.

A description of the lease, if any;

e.

The grounds for eviction;

of

the

f.
Any claim for damages or compensation due from the
persons to be evicted;

XI-59

g.
Evidence that a notice to quit has been properly
served or information as to why a notice to quit is not
required under this Chapter;
h.

Copies of the written lease and notice to quit, if

any;
i.
Copies of any notices, decisions, orders, or
judgments relating to the termination of the lease, if any;
and
j.
The relief demanded, including any claims for
possession of the premises, damages, fees, costs, or other
special relief.
4.
Two (2) or more persons occupying the same premises may
be included in the same complaint.
5.
A complaint which substantially complies with the
requirements of this Section shall not be dismissed for violation
of this Section.
Section 11-7-8.

Summons and Service of Process.

1.
Upon the filing of a complaint, a summons shall be issued
to all named defendants to the petition in accordance with the
general rules governing the issuance of summons by the Tribal
Court.
2.
The summons shall be served in accordance with the Tribal
Rules of Civil Procedure and shall be made at least ten (10) days
before the first hearing on the complaint.
Section 11-7-9.
1.

Responsive Pleading.

Any defendant may file a responsive pleading.

2.
Any responsive pleading shall be filed with the Tribal
Court and served on all parties within the time period provided in
the rules of procedure for the Tribal Court for answering or
responding to a claim or at least seven (7) business days before
the first hearing, whichever is earlier.
3.
Failure to file a responsive pleading shall
constitute an admission of any allegation contained in
complaint.
XI-60

not
the

Section 11-7-10.
Defenses.
The Tribal Court shall evict the
tenant as provided in this Chapter unless:
1.
Due to the fault of the landlord and no fault of the
tenant, the premises are uninhabitable;
2.
The landlord, after the expiration of any opportunity to
remedy required under this Title, has failed to comply with the
lease or the obligations placed on landlords under this Title and
such failure:
a.
Has resulted
essential service;

in

the

tenant

not

receiving

an

b.
Materially interferes with the health or safety of
the tenant or the tenant’s guests; or
c.
Materially interferes with the use and enjoyment of
the premises by the tenant;
3.
The landlord has failed to keep or perform any material
condition or covenant of the lease after the expiration of any
opportunity to remedy required under this Title;
4.
The landlord is evicting the tenant because of the race,
sex, sexual orientation, religion, age, marital status, family
status, or disability of the tenant;
5.
The landlord is evicting the tenant or terminated the
lease to retaliate against the tenant as prohibited by this Title;
6.
The tenant has remedied any default
rendered moot any alleged ground for eviction; or
7.

or

otherwise

This Title provides another legal defense to eviction.

Section 11-7-11.

Settlement.

1.
After a notice to quit has been served on a tenant and
anytime before the entering of a judgment by the Tribal Court in
a proceeding under this Chapter, a landlord and tenant may settle
the matter between the parties without affecting their rights in
any manner except as agreed upon. Such settlement may include,
but is not limited to:

XI-61

a.
The tenant voluntarily quitting the premises
without the landlord filing an action or the Tribal Court
entering a judgment under this Chapter;
b.
The barter for services or goods, or any other means
of securing a fair exchange of value for the use of the
premises;
c.
The stipulation of a judgement to be entered by the
Tribal Court; or
d.
The dismissal of the matter in exchange for any
agreement reached.
2.
The Tribal Court may stay an action under this Chapter,
as necessary and just, where the parties have entered negotiations
for settlement.
Section 11-7-12. Discovery. The parties may conduct discovery in
a proceeding under this Chapter in accordance with the Tribal Rules
of Civil Procedure, subject to the following:
1.

Initial disclosures shall not be required;

2.
Any party may serve discovery on an opposing party after
service of the complaint has been completed;
3.
The party upon whom a discovery request has been served
shall serve his or her response, and objections if any, within
five (5) days after the service of the discovery;
4.
All discovery must be completed no later than five (5)
days prior to the first hearing on the complaint; and
5.
Extensive, prolonged, or time consuming discovery or
discovery beyond the time limits permitted in this Section shall
not be permitted unless the Tribal Court finds, upon motion of a
party, that there is good cause for such discovery and the
interests of justice require it.
Section 11-7-13.
Conduct of Hearings.
All hearings involving
proceedings under this Chapter shall be conducted in accordance
with the following:
1.

Hearings shall be informal in nature, but orderly;

XI-62

2.
Concerned parties shall be provided an opportunity to
introduce evidence, be heard on their own behalf, and examine
witnesses;
3.
Any matter or information relevant and material to the
subject matter of the hearing is admissible and may be received in
evidence;
4.
Hearsay evidence will not be excluded as long as it is
reasonably reliable; and
5.

A verbatim record shall be taken of all hearings.

Section 11-7-14.

Continuance.

1.
Upon request of a defendant in a proceeding under this
Chapter, the Tribal Court may continue a hearing under this Chapter
beyond the time limit within which the hearing is otherwise
required to be held for good cause and upon provision of security
by the defendant in an amount equal to the fair rental value of
the premises subject of the complaint for an amount of time equal
to the length of the continuance granted.
2.
Upon request of a plaintiff in a proceeding under this
Chapter, the Tribal Court may for good cause continue any hearing
under this Chapter for such period of time as is necessary,
provided that if such continuance is granted over the objection of
the defendant, the defendant shall not be liable for the use and
occupancy of the premises during the period of the length of the
continuance granted.
3.
In no event may any hearing under this Chapter be
postponed or continued for more than one hundred eighty (180) days.
Section 11-7-15.

Hearing on Complaint.

1.
Upon the filing of the proof of service of a complaint
filed under this Chapter, the Tribal Court shall schedule and
conduct a hearing on the complaint on the first scheduled court
day that is at least fifteen (15) days after service of the
complaint has been completed.
2.
The purpose of a hearing on the complaint is to determine
whether the tenant or other person should be evicted and whether
the plaintiff is entitled to any other relief requested.

XI-63

3.
The Tribal Court shall consider any and all relevant
testimony or evidence presented at hearing.
4.
The
defendant if:

Tribal

Court

shall

order

the

eviction

of

the

a.
The defendant was properly served with notice of
the action and the hearing in accordance with the laws of the
Tribe;
b.
The landlord has complied with all applicable
provisions of this Chapter and the lease governing eviction
of the defendant; and
c.
One or more grounds for eviction enumerated in this
Chapter exists without a valid defense of the defendant
permitted under this Chapter.
5.
The burden of proof shall lie with the plaintiff to prove
by a preponderance of the evidence that eviction should be ordered
and any other relief requested by the plaintiff be granted. The
burden of proof shall lie with the defendant to prove by a
preponderance of the evidence any valid defense to the eviction
and that any relief requested by the defendant be granted.
Section 11-7-16.

Judgment.

1.
No later than five (5) days after a hearing on a
complaint filed under this Chapter, the Tribal Court shall enter
a written judgment based on the results of said hearing.
2.
If the Tribal Court orders the eviction of the defendant,
the Tribal Court’s judgment shall order the immediate eviction of
the defendant and delivery of the premises to the plaintiff or
other appropriate person no later than fourteen (14) days after
the entry of the judgment unless the parties agree otherwise.
3.
If the Tribal Court finds in favor of the plaintiff, in
whole or in part, the Tribal Court’s judgment may also:
a.
Award the payment of back rent, unpaid utilities,
or unpaid charges due the plaintiff under the lease;
b.
Award to the plaintiff damages caused by the
defendant to the premises other than ordinary wear and tear
or damages otherwise required by the lease or this Title;
XI-64

c.
law; and
d.

Order the performance of any obligation required by
Grant any other necessary and just relief.

4.
If the Tribal Court finds in favor of the defendant, in
whole or in part, the Tribal Court’s judgment may:
a.
Award to the defendant the payment of damages for
injury caused by the plaintiff or required by the lease or
this Title, except where such damages would be awarded against
the Tribe;
b.

Award possession of the premises by the defendant;

c.
law; and

Order the performance of any obligation required by

d.

Grant any other necessary and just relief.

5.
If the Tribal Court’s judgment awards damages to either
party, such damages shall be limited to the extent the other party
failed to mitigate his or her damages.
6.
The Tribal Court’s judgment may award to the prevailing
party his or her reasonable legal counsel fees, except where such
legal counsel fees would be awarded against the Tribe.
7.
If the Tribal Court orders the eviction of the defendant,
the Tribal Court’s judgment shall inform the defendant that if he
or she does not vacate the premises voluntarily within fourteen
(14) days of the entry of the judgment:
a.
evicted;

The defendant will be subject to being forcibly

b.
The defendant’s property will be subject to
storage, sale, and disposal in accordance with this Title;
c.
The defendant will be subject to the fines provided
in this Chapter for each day the defendant remains on the
premises; and
d.
The defendant will be considered in trespass and
may be subject to arrest and/or prosecution for the same.

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8.
A judgment issued under this Section is a final order
and subject to appeal in accordance with the laws of the Tribe
governing civil appeals, except that the notice of appeal must be
filed within ten (10) days after entry of the judgment.
Section 11-7-17.

Stay of Judgment.

1.
After the entry of a judgment against a defendant under
this Chapter, such defendant may apply to the Tribal Court for a
stay of execution of such judgment if, within ten (10) days of the
entry of the judgment, the defendant:
a.
Establishes good and reasonable grounds affecting
the well-being of the party or that execution of any order of
eviction will or likely will result in extreme hardship for
the defendant;
b.
Establishes that there would not be substantial
prejudice or injury to the plaintiff or owner during the
period of the stay; and
c.
A bond is posted or monies paid to the Tribal Court
to satisfy the judgment or pay for the reasonable use and
occupancy of the premises during the period of the stay,
provided such monies shall be paid to the plaintiff upon
expiration of the stay.
2.
No judgment issued under this Chapter may be stayed
pursuant to this Section for longer than three (3) months from the
date of entry of the judgment.
3.
If a defendant timely appeals an order evicting the
defendant from the premises, the order of eviction shall be
automatically stayed pending the resolution of such appeal, but
all other aspects of the judgment shall not be stayed in the
absence of an order staying enforcement of the judgment in
accordance with the Tribal Rules of Civil Procedure, provided that,
upon request of the plaintiff, the Tribal Court may require the
defendant to post a bond or pay monies to the Tribal Court to pay
for the reasonable use and occupancy of the premises during the
period of the automatic stay of the order of eviction pending
appeal.
4.
Any stay of an order of eviction, including during an
appeal, shall not relieve the defendant of liability for payment
of the reasonable use and occupancy of the premises during the
period of the stay.
The plaintiff may request that the Tribal
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Court modify the judgment to award the plaintiff amounts for the
reasonable use and occupancy of the premises during the period of
such stay, including an appeal, in accordance with the Tribal Rules
of Civil Procedure, provided that the time for requesting such
modification shall be ten (10) days from the date the judgment
becomes final or the stay expires, whichever is later.
Section 11-7-18.

Enforcement of Eviction.

1.
If a defendant fails or refuses to vacate the premises
and deliver the same to the plaintiff or other appropriate person
after the expiration of fourteen (14) days after the entry of
judgment and the defendant has not obtained a stay of execution or
filed an appeal in accordance with the laws of the Tribe, any duly
authorized law enforcement officer, authorized official of the
Tribe, or officer of the Tribal Court appointed by the Tribal Court
for such a purpose shall enforce such judgment, as necessary,
within five (5) calendar days of receipt of a copy of such judgment
by:
a.
Providing a copy of the judgment to all adult
tenants or, if no adult tenant is present at the time of
enforcement, posting copies of the judgment on the doors of
the premises;
b.
Removing all evicted persons from the premises and
verbally ordering them not to re-enter; and
c.
Supervising the removal of all personal property of
the evicted persons from the premises.
2.
A plaintiff may move the Tribal Court to appoint an
officer of the Tribal Court to enforce the judgement of the Tribal
Court in accordance with this Section.
3.
A defendant who fails or refuses to vacate the premises
and deliver the same to the plaintiff or other appropriate person
after the expiration of fourteen (14) days after the entry of
judgment without obtaining a stay of execution or filing an appeal
in accordance with the laws of the Tribe shall be subject to a
civil fine not to exceed one hundred dollars ($100) plus an amount
for the reasonable use and occupancy of the premises for each day
the defendant fails or refuses to vacate the premises. Such fine
may be enforced and collected through a civil cause of action
brought by the plaintiff on behalf of the Tribe in a proceeding in
the Tribal Court and any plaintiff other than the Tribe who brings
such an action shall be entitled to ten percent (10%) of any fine
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recovered in such action. The imposition of a fine pursuant to
this Section shall not preclude the Tribal Court from finding the
defendant in contempt and enforcing such contempt in accordance
with the laws of the Tribe.
4.
A defendant who fails or refuses to vacate the premises
and deliver the s

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aponca_nebraska%3Ab1942c8f8ede8796. Public record. Not legal advice.