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Note: This chapter has been renumbered and slight changes in wording made. The former “section 2. Jurisdiction” was deleted. The Port Gamble S’Klallam Tribal Council intends this chapter to be under the jurisdictional statement found at 1.02.01.
This chapter sets forth procedures for termination of certain interests in real property and for eviction of any person or entity from occupancy of real property.
(“Evictions Procedure Ordinance,” 10/21/1978. Res. 84 A 03, 2/14/1984; Res. 84 A 03 amended this section to facilitate codification of ordinances. This chapter was formerly known as the “Evictions Procedure Ordinance.”)
Words in this chapter shall have the meaning given to them in this section unless the context clearly indicates another meaning.
(a) 
“Tribe”
means the Port Gamble S’Klallam Tribe as defined in the tribal constitution.
(b) 
“Tribal Court”
means the Port Gamble S’Klallam Community Court or other body authorized by the laws of this Tribe to exercise the powers and functions of a court of law.
(c) 
“Leasehold Mortgage Foreclosure”
means a Leasehold Mortgage Foreclosure under the Leasehold Mortgage provisions of Chapter 10.03.
(d) 
“Lessor”
means the Tribe, Port Gamble S’Klallam Housing Authority and any 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 shall also include the Port Gamble S’Klallam Housing Authority which 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 occupancy under the agreement; the term lessor shall also include a person or entity who was the seller under a contract for the purchase of an interest in a home which has been forfeited or terminated; the term lessor shall also include a mortgagee who has been assigned a lease in a Leasehold Mortgage Foreclosure proceeding in Tribal Court.
(e) 
“Tenant”
means any person who occupies real property under a written lease or rental agreement.
(f) 
“Unlawful Detainer Action”
is a suit brought before the Tribal Court to terminate a tenant’s interest in real property and/or evict a tenant from occupancy of real property.
(g) 
“Writ of Restitution”
is 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 from real property.
(h) 
“Nuisance”
is the maintenance of real property of a condition which: (1) unreasonably threatens the health or safety of the public or of 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.
(i) 
“Waste”
is spoil or destruction by a tenant of lands, gardens, trees, buildings, or other improvements which results in substantial injury to the Lessor’s interest in the property.
(j) 
“Drug Related Criminal Activity”
is any activity involving drugs that would constitute an offense under Chapter 5.03 of this Code.
Reference to persons by terms denoting sex shall be taken as referring to either sex. Reference to persons by a term denoting the singular shall include the plural.
(“Evictions Procedure Ordinance” adopted 10/21/1978. Res. 84 A 03, 2/14/1984 codified this section; Res. 03 A 117, 7/15/2003 amended this section on an emergency basis; Res. 03 A 129, 9/9/2003 adopted this section following a public hearing; Res. 18 A 046, 5/14/2018, changed the definition of “tenant” by removing the phrase “other agreement with the lessor” so that a tenant is defined as a person with a written lease or rental agreement. Also, the definition of “Unlawful Detainer Action” was clarified to mean that it only applies to tenants.)
The Tribe, a tenant, or an owner may evict a person who occupies land or other real property without notice if the occupier has no claim of a lease or title to the land or real property. A person residing on land or in real property without a written lease or rental agreement shall have no right to the unlawful detainer process set out in this chapter and the person must vacate the property immediately upon the revocation of permission by the Tribe, the owner, or the lawful tenant.
(Res. 18 A 046, 5/14/2018, added this new section to assert that only lawful tenants with written leases or rental agreements have the right to the Unlawful Detainer process while persons residing on real property without any form of written lease or rental agreement do not have the right to the Unlawful Detainer process.)
A tenant shall be guilty of unlawful detainer if he or she continues to occupy real property under any of the following situations:
(a) 
Without the requirement of any notice:
(i) 
The term of the lease or other agreement expires; or
(ii) 
The Port Gamble S’Klallam Housing Authority has terminated a person’s tenancy pursuant to procedures providing a hearing before the housing authority involved; or
(iii) 
After the interest of such person in a lease has been foreclosed in a leasehold mortgage foreclosure proceeding in the Tribal Court.
(b) 
After receiving thirty days notice, the tenant remains in possession of the property contrary to the terms of any of these notices:
(i) 
That person is in default in the payment of rent, and that he shall pay the rent or surrender possession of the property; or
(ii) 
That the lease of property is for an indefinite term with rent paid monthly or by some other period will terminate at the end of the month or other period; or
(iii) 
That the person has failed to keep or perform a condition or covenant of the lease or agreement and that he shall perform the condition or covenant or surrender the property; or
(iv) 
That the person has committed or permitted waste upon the property and shall either cease or surrender the property; or
(v) 
That the person maintains a nuisance upon the property and shall either cease maintaining the nuisance or surrender the property.
(c) 
After receiving three days notice, the tenant remains in possession of the property contrary to the terms of any of these notices:
(i) 
That such person has received notice to vacate the premises because the tenant has engaged in Drug Related Criminal Activity, or other criminal activity which imminently threatens health, safety, or the right to peaceable enjoyment of neighboring properties; provided that a conviction shall not be required in such instances.
(ii) 
That such person has received notice that there exists on the rented or leased premises a condition which constitutes a threat to public health and/or safety and he or she has been given, in the alternative, to either repair such condition or to surrender the property.
(“Evictions Procedure Ordinance” adopted 10/21/1978. Res. 84 A 03, 2/14/1984 codified this section; Res. 03 A 117, 7/15/2003 amended this section on an emergency basis; Res. 03 A 129, 9/9/2003, adopted this section following a public hearing; Res. 18 A 046, 5/14/2018, removed language referring to an occupier of land when used next to the word tenant in order to clarify the difference between a tenant who may no longer have a valid lease and an occupier who never had a written lease. A tenant has a right to the Unlawful Detainer process but an occupier does not.)
Notices required or authorized under section 10.02.04 shall be given in writing by either:
(a) 
Delivering a copy personally to the tenant or to any adult member of his family residing on the premises; or
(b) 
Posting the notice in a conspicuous place near the entrance to the premises and by sending a copy to the tenant by certified mail, return receipt requested, properly addressed, postage prepaid.
Proof of service by either method may be made by affidavit of any adult person stating that he or she has complied fully with the requirements of the method of service used.
(“Evictions Procedure Ordinance” adopted 10/21/1978. Res. 84 A 03, 2/14/1984 codified this section.)
The owner of real property or the lessor shall start an action for unlawful detainer by filing with the Tribal Court the following documents:
(a) 
A complaint, signed by the owner, lessor, or agent or attorney stating:
(i) 
The facts on which he seeks to recover;
(ii) 
A description of the property which identifies it with reasonable certainty; and
(iii) 
Any claims for damages or compensation due from the person to be evicted; and
(b) 
A summons, requiring the defendant(s) to appear for a trial upon the complaint on a date and time specified in the summons. The trial date shall not be less than twenty (20) days from the date of service of the summons nor more than sixty (60) days from the date of service. 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 an answer with the Tribal Court and appear for trial at the time, date and place specified in the summons.
(“Evictions Procedure Ordinance” adopted 10/21/1978. Res. 84 A 03, 2/14/1984 codified this section; amended on an emergency basis by Res. 03 A 117, 7/15/2003; Res. 03 A 129, 9/9/2003 adopted the amendments following a public hearing.)
The Tribal Court shall issue 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 finds that the tenant is guilty of an act of unlawful detainer.
(“Evictions Procedure Ordinance” adopted 10/21/1978. Res. 84 A 03, 2/14/1984 codified this section.)
Upon issuance of a Writ of Restitution, the Tribal Court shall have authority to enter against the defendant(s) a judgment for back rent; unpaid utilities; charges due the Tribe, Port Gamble S’Klallam Housing Authority, or land owner under any lease or occupancy agreement; and for damages caused by the defendant(s) to the property other than ordinary wear and tear. The Tribal Court may award to the prevailing party his costs in bringing the suit and reasonable attorney’s fees.
(“Evictions Procedure Ordinance” adopted 10/21/1978. Res. 84 A 03, 2/14/1984 codified this section.)
Upon issuance of a Writ of Restitution, tribal law enforcement officers shall enforce the Writ of Restitution by evicting the defendants and their property from the premises which are unlawfully occupied.
(“Evictions Procedure Ordinance” adopted 10/21/1978. Res. 84 A 03, 2/14/1984 codified this section.)
In the absence of written agreement providing otherwise, personal property remaining on the premises after vacation or removal of the tenant shall become the property of the owner or lessor, which the owner or lessor may dispose of in any manner which the owner or lessor deems fit. If the owner or lessor sells any such property, the owner or lessor may deduct the costs of sale, including any administrative expense, and may also deduct any other amounts owing to the owner or lessor and shall pay the excess, if any, to the former tenant. In no event shall the owner or lessor be required to sell the property of any tenant.
(Res. 03 A 117, 7/15/2003 adopted this section on an emergency basis; Res. 03 A 129, 9/9/2003, adopted this section following a public hearing; Res. 18 A 046, 5/14/2018, removed the phrase “or other occupier of real property” from this section. A person who is an occupier and who was never a tenant does not have the right to the Unlawful Detainer process. Thus, if an occupier loses property when he or she vacates the property, this section of code does not apply and is not a remedy to the occupier’s situation.)
(Res. 84 A 03, 2/14/84. “Evictions Procedure Ordinance” adopted 10/21/78. Amendments - Resolution No. 84 A 03, repealed a section providing for alternative remedies in the courts of the State of Washington and the United States, in certain instances. The repeal is not intended to limit the right to seek alternate remedies. Numbering amended on an emergency basis by Resolution No. 03 A 117. Resolution No. 03 A 129, passed 9/09/03 adopted this section following a public hearing.)