The provisions of this article shall apply to all persons and
property subject to the governing authority of the Tribe, as established
by the Constitution and other tribal law, except for tribally owned
rental homes, which eviction procedures are governed by the Rental
Housing Ordinance.[1]
A former leaseholder or other occupier of a leasehold estate
subject to a leasehold mortgage shall be guilty of unlawful detainer
if such person shall continue in occupancy of such leasehold estate
under any of the following situations.
A.
Without the requirement of any notice by the lessor:
(1)
After the expiration of the term of the lease;
(2)
If such person has entered onto or remains on the real property of
another without the permission of the owner and without having any
substantial claim under a lease or title to such property;
(3)
After the lessor has terminated such person's leasehold rights
pursuant to procedures providing such person a hearing before such
lessor involved; or
(4)
After such person's leasehold estate has been foreclosed in
a leasehold mortgage foreclosure proceeding in the Tribal Court.
B.
After having received thirty (30) days' notice, the former leaseholder
or occupier shall remain in possession of such property contrary to
the terms of the notice, as follows.
(1)
When such person has received notice:
(a)
That he or she is in default in the payment of ground rent;
and
(b)
Requiring him or her to either pay such rent or surrender possession
of the occupied property, and such person has not either surrendered
possession of such property or paid the rent within the thirty-day
period provided in such notice.
(2)
When such person shall continue to fail to keep or perform any condition
or covenant of this chapter, the lease or any other use agreement
under which the property is held after he or she has been given notice
to comply with such condition or covenant or else to surrender the
property; or
(3)
When such person continues to commit or to permit waste upon or maintain
a nuisance upon the occupied property after having been given notice
to either cease such waste or maintenance of nuisance or to surrender
the property.
A.
Notices required or authorized in the immediately preceding section
shall be given in accordance with established Tribal Court rules and
procedures. In the absence of such rules and procedures, notices shall
be given in writing by either:
(1)
Delivering a copy personally to the leaseholder or occupier or to
any adult members of his or her family residing on the leasehold estate;
or
(2)
Posting said notice in a conspicuous place near the entrance to said
leasehold estate, and by sending an additional copy to the leaseholder
or occupier by certified mail, return receipt requested, properly
addressed, postage prepaid.
B.
Proof of service by either of the above methods may be made by affidavit
of any adult person, stating that he or she has complied fully with
the requirements of either of these two methods of service.
The lessor or the mortgagee (including its successors or assigns)
shall commence an action for unlawful detainer by filing with the
Tribal Court, in writing, the following documents:
A.
A complaint, signed by the lessor, the mortgagee (or its successors
or assigns), or an agent or attorney on their behalf, including the
following:
(1)
Citing authority for jurisdiction of the Tribal Court;
(2)
Naming the mortgagor(s) and each record owner claiming through the
mortgagor(s) subsequent to the recording of the leasehold mortgage,
including each subordinate lienholder, except the Tribe with respect
to a claim for a tribal tax on the leasehold estate subject to the
leasehold mortgage, as a defendant;
(3)
Describing the leasehold estate subject to the leasehold mortgage;
(5)
Stating any claim for damages or compensation due from the persons
to be evicted; and
(6)
Otherwise satisfying the requirements of the Tribal Court.
B.
A copy of the summons, issued in accordance with established Tribal
Court rules and procedures.
(1)
In the absence of such rules and procedures for the issuance of a
summons, the summons shall require defendants to appear for trial
upon the complaint on a date and time specified in the summons.
(2)
The trial date specified in the summons shall be no less than six
nor more than thirty (30) days from the date of service of the summons
and complaint.
(3)
The summons must notify the defendants that judgment will be taken
against them in accordance with the terms of the complaint unless
they file with the Court an answer and appear for trial at the time,
date and place specified in the summons.
A.
A copy of the summons and complaint shall be served upon the defendants
in the manner provided by the Tribal Court rules for service of process
in civil matters.
A.
The Tribal Court shall enter a writ of restitution if:
B.
Upon issuance of a writ of restitution, the Tribal Court shall have
the authority to enter against the defendants a judgment for the following:
(1)
Back rent, unpaid utilities and any charges due the Tribe or lessor
under any lease or occupancy agreement;
(2)
Any and all amounts secured by the leasehold mortgage that are due
the mortgagee or its successors or assigns; and
(3)
Damages caused by the defendants to the property other than ordinary
wear and tear. The Tribal Court shall have the authority to award
costs and reasonable attorney's fees in bringing suit to the
prevailing party.
A.
Upon issuance of a writ of restitution by the Tribal Court, tribal
law enforcement officers shall enforce the writ of restitution by
evicting the defendants and their property from the leasehold estate
which is unlawfully occupied.
Except by agreement of all parties, there shall be no continuances
in cases involving the mortgagee or its successors or assigns which
will interfere with the requirement that the writ of restitution be
enforced not later than sixty (60) days from the date of service of
the summons and complaint.
