This chapter shall be known as the Eviction Procedures Ordinance of the Confederated Tribes of the Chehalis Reservation.
(Prior code § 10.3.1.010; Res. 1995-11; Res. 2001-33; Res. 2006-63; Res. 2011-020)
For the purposes of this chapter:
"Drug-related criminal activity"
means any activity that constitutes a violation of the Chehalis Criminal Code, Chapter 4.45 CTC.
"Lessor"
refers to the Tribe, Indian Housing Authority or to any other person or entity who shall have an interest in real property which for a limited time has been leased or rented to another; and the term "lessor" includes an Indian Housing Authority that has leased real property under a mutual help and occupancy agreement, rental lease agreement or other similar arrangement whereby the tenant may, on certain conditions, obtain ownership of the occupied property at the end of the occupancy under the agreement.
"Nuisance"
is the maintenance on real property of a condition that:
1. 
Unreasonably threatens the health or safety of the public or neighboring land users; or
2. 
Unreasonably and substantially interferes with the ability of neighboring property users to enjoy the reasonable use and occupancy of their property.
"Real property"
refers to lands and all appurtenances thereto including building, crops and mineral rights.
"Tenant"
means any person who occupies real property under a lease, rental agreement or other agreement with a lessor as defined in this section.
"Unlawful detainer action"
means a suit brought before the Tribal Court to terminate a tenant's interest in real property and/or to evict any person from occupancy of real property.
"Waste"
is spoil or destruction by a tenant of land, buildings, gardens, trees or other improvements that results in substantial injury to the lessor's interest in the property.
"Writ of restitution"
means an order of the Tribal Court:
1. 
Restoring an owner or lessor to possession of real property; and
2. 
Evicting a tenant or other occupant therefrom.
(Prior code § 10.3.1.030; Res. 1995-11; Res. 2001-33; Res. 2006-63; Res. 2010-14; Res. 2011-020; Res. 2016-17)
A tenant or other occupier of real property shall be guilty of unlawful detainer if such person shall continue in occupancy of real property under any of the following situations:
A. 
Without the requirement of any notice:
1. 
After the expiration of the term of the lease or other agreement; or
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 of a lease or to title of the property; or
3. 
After an Indian Housing Authority, Tribal realty officer, or other public housing authority has terminated such person's tenancy pursuant to procedures providing such person a hearing before the office involved; or
4. 
After the interest of such person in a lease has been foreclosed in a leasehold mortgage foreclosure proceeding in the Tribal Court.
B. 
After having received 30 days' notice, the tenant or occupier shall remain in possession of the 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 rent; and
b. 
Requiring him or her, in the alternative, to pay the rent or surrender possession of the occupied property, and such person has remained in possession after receipt of such notice without either surrendering the possession of the property or paying the rent; or
2. 
When the lease of the property is for an indefinite time, with rent to be paid monthly or by some other period, and the lessor has given notice of termination of the tenancy at least 30 days prior to the end of such month or period; or
3. 
When such person shall continue to fail to keep or perform any condition or covenant of the lease or agreement under which the property is held after he or she has been given notice to either perform such condition or covenant or to surrender the property; or
4. 
When such person continues to commit or to permit waste upon or maintain a nuisance upon the occupied property after having been given notice, in the alternative, either to cease such waste or maintenance of a nuisance or to surrender the property.
C. 
After having received three days' notice, the tenant or occupier shall remain in possession of the property contrary to the terms of the notice, as follows:
1. 
When such person has received notice to vacate the premises because the tenant has engaged in drug related criminal activity, or other criminal activity that imminently threatens health, safety, or the right to peaceable enjoyment of neighboring properties.
2. 
When such person has received notice that there exists on the rented or leased premises a condition that constitutes a threat to public health and/or safety and he or she has been given notice, in the alternative, to either repair such condition or to surrender the property.
(Prior code § 10.3.1.040; Res. 1995-11; Res. 2001-33; Res. 2006-63; Res. 2010-14; Res. 2011-020; Res. 2016-17)
Notices required or authorized in CTC § 12.15.030 shall be given in writing by either:
A. 
Delivering a copy personally to the tenant or occupier or to any member of his or her family residing on the premises who is 14 years of age or older; or
B. 
Posting said notice in a conspicuous place near the entrance of said premises, and by sending an additional copy to the tenant or occupier by certified mail, return receipt requested, properly addressed, postage prepaid.
Proof of service by either of the above methods may be made by affidavit of any person 18 years of age or older stating that he or she has complied fully with the requirements of one of the two methods of service.
(Prior code § 10.3.1.050; Res. 1995-11; Res. 2001-33; Res. 2006-63; Res. 2011-020; Res. 2016-17)
The owner of real property or lessor shall commence an action for unlawful detainer by filing with the Court, in writing, the following documents:
A. 
A complaint, signed by the owner, lessor, an agent, or attorney, stating:
1. 
The facts on which he or she seeks to recover;
2. 
Describing the property so that it can be identified with reasonable certainty; and
3. 
Any claim for damages or compensation due from the person(s) to be evicted.
B. 
A summons issued as in other cases requiring the defendants to appear for a trial upon the complaint on a date and time specified in the summons. The trial date specified shall be not less than six nor more than 30 days from the date of service of the summons and complaint. The summons must notify the defendant(s) that the 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.
(Prior code § 10.3.1.060; Res. 1995-11; Res. 2001-33; Res. 2006-63; Res. 2010-14; Res. 2011-020; Res. 2016-17)
A copy of the summons and complaint shall be served upon the defendant(s) in the manner provided by the Tribal Court rules for service of process in civil matters. In the absence of such Tribal Court rules, the summons and complaint shall be served by one of the methods authorized in CTC § 12.15.040.
(Prior code § 10.3.1.070; Res. 1995-11; Res. 2001-33; Res. 2006-63; Res. 2011-020; Res. 2016-17)
The Tribal Court shall enter a writ of restitution if:
A. 
Notice of suit and trial is given by service of summons and complaint in accordance with the procedures provided in this chapter; and
B. 
The Tribal Court shall find by a preponderance of the evidence that the occupier of the real property is guilty of an act of unlawful detainer.
Upon issuance of a writ of restitution, the Tribal Court shall have authority to enter against the defendants a judgment for the following: back rent; unpaid utilities; charges due the Tribe, Indian Housing Authority, or land owner under any lease or occupancy agreement (not including under a leasehold mortgage); and for damages caused by the defendants to the property other than ordinary wear and tear. The Tribal Court shall have authority to award to the prevailing party his costs and reasonable attorneys' fees in bringing the suit.
(Prior code § 10.3.1.080; Res. 1995-11; Res. 2001-33; Res. 2006-63; Res. 2011-020; Res. 2016-17)
The writ of restitution shall provide that:
A. 
The eviction is to be carried out within 20 days after the writ has been issued;
B. 
The tenant shall be allowed three days to vacate the premises voluntarily;
C. 
The officers enforcing the writ of restitution are authorized to use force when effectuating an eviction;
D. 
The landlord shall secure the real property by changing the locks on any structure or building located thereon;
E. 
Any and all personal property remaining on premises following an eviction shall be inventoried and stored by the landlord in a reasonably secure place;
F. 
Property inventoried and stored by the landlord shall be returned to the tenant after the tenant has paid the actual or reasonable storage costs, whichever is less, or until it is sold or disposed of by the landlord in accordance with subsection G of this section;
G. 
In the event that personal property is not retrieved by the tenant within 20 days after the date the eviction is carried out, the landlord shall have the authority to conduct an auction for the purpose of selling and disposing of the property. Notice of the auction must be posted at the Tribal Center and mailed to the evicted tenant at the tenant's last known address at least five days prior to said auction; and
H. 
Any monies collected from the auction in excess of the actual cost of inventorying and/or warehousing the personal property may be applied against monies owed the landlord. Any monies remaining thereafter shall be held by the landlord for the benefit of the tenant for a period of 90 days from the date of sale, and if no claim is made by the tenant for recovery thereof prior to the expiration of that time period, the balance shall become the property of the landlord, including any interest paid thereon.
(Prior code § 10.3.1.090; Res. 1995-11; Res. 2001-33; Res. 2006-63; Res. 2011-020; Res. 2016-17)
Upon the issuance of a writ of restitution by the Tribal Court, Tribal law enforcement officers or other authorized law enforcement officers shall enforce the writ of restitution by evicting the defendants from the premises that are unlawfully occupied.
(Prior code § 10.3.1.110; Res. 1995-11; Res. 2001-33; Res. 2006-63; Res. 2011-020; Res. 2016-17)
The Tribal law enforcement officers or other authorized law enforcement officers shall return their copy of the writ of restitution to the Tribal Court accompanied by a written affirmation that the eviction has been enforced in accordance with the writ of restitution. The copy of the writ and the affirmation shall be filed with the Court no later than 30 days after the writ of restitution was issued.
(Prior code § 10.3.1.120; Res. 1995-11; Res. 2001-33; Res. 2006-63; Res. 2011-020)
If either party feels aggrieved by the judgment of the Tribal Court, he or she may request reconsideration or appeal as in other civil actions; provided, that if the defendant requesting reconsideration or appealing desires a stay of proceedings, he or she must petition the Tribal Court for a stay of execution of its order pending appeal. The Tribal Court may grant a stay when:
A. 
An appeal has been filed;
B. 
All money damage awards and judgments have been satisfied, or a bond has been posted in an amount sufficient to cover such awards and judgments; and
C. 
A bond has been posted by the occupier with the Court Clerk in an amount equal to one month's rent, or other amount ordered by the Tribal Court.
There shall be no appeal from the Tribal Court's decision to grant or deny a stay.
(Prior code § 10.3.1.130; Res. 1995-11; Res. 2001-33; Res. 2006-63; Res. 2011-020; Res. 2016-17)
In those cases in which the person(s) or property are subject to the jurisdiction of the Courts of the State of Washington or the United States, the remedies and procedures provided by this chapter are in the alternative to the remedies and procedures provided by the laws of the State of Washington or the United States.
(Prior code § 10.3.1.140; Res. 1995-11; Res. 2001-33; Res. 2006-63; Res. 2011-020; Res. 2016-17)