A. 
Sources of rights, obligations and remedies. The rights, obligations and remedies of landlords and tenants, as defined in this chapter, are contained in:
(1) 
The laws of the Tribe;
(2) 
Applicable statutes, regulations and agreements with agencies of the United States;
(3) 
Agreements with tenants of dwellings;
(4) 
Building or housing codes; or
(5) 
Other laws which are made applicable through the provisions of this chapter.
B. 
Effect of any lease or rental agreement regarding dwellings. Unless an agreement or an applicable provision of the rental agreement is clearly contrary to the requirements of this chapter, the agreement or provision will govern the rights and obligations of any party before the Tribal Court, and the Tribal Court must grant the relief provided for in the agreement according to its terms. Where there is no written agreement, the intent of the parties expressed in their oral agreement or relationship will govern, as well as applicable provisions of this chapter.
C. 
Landlord responsibilities. Every landlord, including the Tribe, shall:
(1) 
Maintain the rental housing units in a decent, safe and sanitary condition.
(2) 
Comply with applicable building and housing codes and this chapter.
(3) 
Make all necessary repairs to put and maintain the premises in a fit and habitable condition, except where the premises are rendered unfit or uninhabitable by the lessee or his guest; in which case, such duty shall be the duty of the tenant.
(4) 
Keep common areas or those portions of the premises which are not assigned to a specific tenant clean, safe and secure.
(5) 
Ensure the tenant access to the dwelling unit.
(6) 
Maintain in safe working order all electrical, plumbing, sanitary, heating, ventilation, air-conditioning and other appliances where such things are not the responsibility of the tenant.
(7) 
Guarantee the right of guest enjoyment of the dwelling unit to the tenant and ensure that the conduct of other tenants does not cause a nuisance or endanger the public health, safety or quiet enjoyment of others.
(8) 
Give sole possession of the dwelling unit to the tenant in accordance with the rental agreement.
(9) 
Disclose in writing the name, address and phone number of the person(s) responsible for receiving rent notices and demands under this chapter, as well as the person(s) authorized to manage the dwelling unit and the person(s) responsible for making repairs where and when they are required.
D. 
Tenant responsibilities. The tenant shall:
(1) 
Pay rent, costs, fees or damages in accordance with the rental agreement, this chapter and applicable law.
(2) 
Promptly notify the landlord of any defects in the residential rental unit or premises which are hazardous to life, health or safety.
(3) 
Make no disturbances in the dwelling unit or yard.
(4) 
Not engage in any illegal activity in, on or around the premises.
(5) 
Promptly clean up and dispose of all trash, garbage and rubbish and deposit it in a suitable receptacle. No trash shall be burned.
(6) 
Keep the interior, exterior and premises clean and sanitary.
(7) 
Properly store and maintain any flammable products and only store them in areas approved by the landlord.
(8) 
Use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other appliances in a proper, safe and reasonable manner.
(9) 
Conduct themselves and require their guests to conduct themselves in a manner which does not disturb the quiet enjoyment of others or causes a breach of the peace.
(10) 
Use the dwelling only for residential purposes and not give the unit to others, assign a lease or sublease the dwelling unit without the written permission of the landlord.
(11) 
Abide by all rules and regulations of this chapter.
(12) 
Provide the landlord reasonable and necessary access to the dwelling unit.
E. 
Tenant remedies. Where the landlord has not complied with its responsibilities under this chapter or the terms of the rental agreement regarding dwelling unit, the tenant shall have the following rights and remedies:
(1) 
Give reasonable notice to the landlord to require the landlord to comply with its obligations under the rental agreement and this chapter, demand repairs which are the responsibility of the landlord, and to terminate the agreement under which the tenant occupies the residential rental unit.
(2) 
To require repairs or maintenance which are the responsibility of the landlord.
(3) 
Should the landlord fail to make repairs within a reasonable time after the need for them is duly noticed by the tenant, to cure the landlord's noncompliance the tenant may:
(a) 
Withhold rent;
(b) 
Make necessary repairs and, upon furnishing any relevant receipts to the landlord, deduct the cost of said repairs from the rent owing.
(4) 
Institute an action in Tribal Court to seek an order or judgment for the payment of monies or costs; compliance with the rental agreement or other legal obligations of the landlord; terminate the agreement with the landlord; or any other relief to which the tenant may be entitled by law or under the rental agreement.
F. 
Landlord remedies. When a tenant has not complied with this chapter or the terms of the rental agreement, the landlord has the right to:
(1) 
Give reasonable notice to the tenant demanding that tenant comply with his/her/their obligations; pay monies due and owing under the rental agreement; terminate the rental agreement and demand that the tenant(s) and other occupants vacate the premises.
(2) 
Require repairs or maintenance which are the responsibility of the tenant and compliance with other reasonable rules and regulations for occupancy of residential rental units prescribed in this chapter and other applicable tribal codes.
(3) 
Institute an action in Tribal Court to seek an order or judgment for payment of monies and/or costs; compelling compliance with the rental agreement and obligations of tenants; termination of the rental agreement; payment of damages; eviction of the tenants; and any other relief to which the landlord may be entitled under this chapter, the rental agreement or other applicable law.
A. 
The landlord may regain possession of a dwelling unit, in accordance with this section, where a tenant has vacated the premises without notice to the landlord, if one or more of the following conditions exist:
(1) 
The tenant evidences his intention not to return to the premises by removing all of his personal effects and possessions;
(2) 
Nonpayment of rent for two (2) or more months; and/or
(3) 
An express statement, in writing or orally, to the landlord that the tenant does not intend to occupy the premises after a specific date.
B. 
The landlord shall make reasonable attempts to notify the tenant before declaring the property abandoned. Reasonable notice may consist of one of the following:
(1) 
Sending written notice to the tenant at their last known address by regular mail;
(2) 
Posting written notice on the premises five (5) days prior to the landlord retaking possession;
(3) 
Any other type of notice, including personal service, that is reasonably calculated to be adequate notice.
C. 
Possession and property left in or on an abandoned premise shall be forfeited to the landlord after thirty (30) days from the date that notice of abandonment was made to the tenant.
(1) 
After thirty (30) days, the possessions will be forfeited to the landlord to be disposed of at the landlord's discretion.
(2) 
During the thirty-day notice period, the landlord shall be considered the bailee of the property in question.