This article shall be known as the Eviction Procedures of the Tulalip Tribes.
(Ord. 97, 7-12-1997 (Res. 97-0144))
The provisions of this article shall apply to all persons and property subject to the governing authority of the Tulalip Tribes as established by the Tribal Constitution and Bylaws.
(Ord. 97, 7-12-1997 (Res. 97-0144))
(1) “Tribes”
shall refer to the Tulalip Tribes of the Tulalip Indian Reservation as defined in the Tribal Constitution.
(2) “Tribal Court”
shall mean the Tribal Court as established by the laws of the Tulalip Tribes or such body as may now or hereafter be authorized by the laws of the Tribes to exercise the powers and function of a court of law.
(3) “Lessor”
shall refer to the Tribes, 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” shall include an Indian Housing Authority which has leased real property under a mutual help 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.
(4) “Secretary”
shall mean the Secretary of the United States Department of Veterans Affairs (VA), his or her designee, attorney or agent, or the assignee.
(5) “Tenant”
shall mean any person who occupies real property under a lease rental agreement or other agreement with a lessor as defined in this section.
(6) “Unlawful detainer action”
shall be suit brought before Tribal Court to terminate a tenant’s interest in real property and/or to evict any person from occupancy of real property.
(7) “Writ of restitution”
is an order of the Tribal Court:
(8) “Nuisance”
is the maintenance on real property of a condition which:
(9) “Waste”
is spoil or destruction by a tenant of land, buildings, gardens, trees or other improvements which result in substantial injury to the lessor’s interest in the property.
(10) Gender – Singular or Plural.
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.
(Ord. 97, 7-12-1997 (Res. 97-0144))
A tenant or other occupier of land shall be guilty of unlawful detainer if such person shall continue in occupancy of real property under any of the following situations:
(1)
Without the Requirement of Any Notice.
(a)
After the expiration of the term of the lease or other agreement; or
(b)
If such person had 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 title of the property; or
(c)
After an Indian Housing Authority or other Tribal entity has terminated such person’s tenancy pursuant to procedures providing such person a hearing before the Housing Authority or other Tribal entity involved; or
(d)
After the interest of such person in a lease has been foreclosed in a leasehold mortgage foreclosure proceeding in the Tribal Court.
(2)
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:
(a)
When such person has received notice:
(i)
That he/she is in default in the payment of rent; and
(ii)
Requiring him/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 possession of the property or paying the rent; or
(b)
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 had given notice of termination of the tenancy at least 30 days prior to the end of such month or period; or
(c)
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/she has been given notice to either surrender the property or keep or perform such condition; or
(d)
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 nuisance or to surrender the property.
(Ord. 97, 7-12-1997 (Res. 97-0144))
Notice required or authorized in TTC § 6.10.220 shall be given in writing by either:
(1)
Delivering a copy personally to the tenant or occupier or to any adult members of his family resident on the premises; or
(2)
Posting said notice in a conspicuous place near the entrance to 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 adult person stating that he or she has complied fully with the requirements of one of the two methods of service as described in this section.
(Ord. 97, 7-12-1997 (Res. 97-0144))
The owner of real property or lessor or Secretary shall commence an action for unlawful detainer by filing with the Court, in writing, the following documents:
(1)
A complaint, signed by the owner, lessor, the Secretary, an agency, or attorney, stating:
(2)
A summons issued as in other cases requiring the defendants to appear for trial upon the complaint on a date and time specified in the summons. The trial date specified in the summons 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 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.
(Ord. 97, 7-12-1997 (Res. 97-0144))
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. In the absence of such Tribal Court rules, the summons complaint shall be served by one of the two methods authorized above.
(Ord. 97, 7-12-1997 (Res. 97-0144))
The Tribal Court shall enter a writ of restitution if:
(1)
Notice of suit and trials is given by service of summons and complaint in accordance with the procedures provided in this article; and
(2)
The Tribal Court shall find 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 the authority to enter against the defendants a judgment for the following: back rent; unpaid utilities; charges due the Tribes, Indian Housing Authority, or landowner under any lease or occupancy agreement (not including a leasehold mortgage); and for damages caused by the defendants to the property other than ordinary wear and tear. The Tribal Court shall have the authority to award to the prevailing party his/her costs and reasonable attorneys fees in bringing suit.
(Ord. 97, 7-12-1997 (Res. 97-0144))
Except by agreement of all parties, there shall be no continuance in cases involving the Secretary which will interfere with the requirement that the writ of restitution in cases involving the Secretary be enforced not later than 60 days from the date of service of the summons and complaint.
(Ord. 97, 7-12-1997 (Res. 97-0144))
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 premises which are unlawfully occupied. In all cases involving the Secretary, the writ of restitution shall be enforced not later than 60 days after the date of service of the summons and complaint.
(Ord. 97, 7-12-1997 (Res. 97-0144))
In those cases in which the persons 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 article are in the alternative to the remedies and procedures provided by the laws of the State of Washington or the United States.
(Ord. 97, 7-12-1997 (Res. 97-0144))