If a residence upon a lot is vacated, without an approved sublease, for a period longer than one (1) year, the Tribal Council shall have discretion either to declare the lot assignment void and designate a successor or to request the Tribal Court to exercise equitable jurisdiction to designate a successor.
Any structure or other improvements capable of being removed from the lot shall be considered the property of the former leaseholder at the time of termination of the lease. However, if the structure or other improvement cannot be removed, the Tribe must pay the former leaseholder the fair market value of the structure or other improvement unless the Tribe leases the lot to an heir of the former leaseholder. The structure and improvements on the lot will become an asset of the Tribe; however, the Tribe shall give preference to the leaseholder's heirs, who shall be permitted to enter into a new lease for the lot at the end of the original leaseholder's lease. If the leasehold still remains encumbered at the end of the lot lease, the Tribe cannot release the leaseholder of any of his contractual obligations with lenders or the federal agency that may have provided a mortgage guaranty.
The leaseholder may transfer or devise his leasehold right in accordance with Article VIII of this chapter, or as per the provisions contained in any tribal probate code or the federal legislation that may apply in its default.