CHAPTER 33-5
ENFORCEMENT
33-5-1 Generally.
The Tribal Council shall have all powers necessary and proper to enforce the lease terms, laws, ordinances, regulations, rules, policies, and covenants, consistent with the residential leasing procedures. This includes, but is not limited to, the power to enter the premises for reasonable cause at a reasonable time, with reasonable notice, assess late payment interest and penalties, and assess late payments. The Tribal Council may delegate this authority to Nation agencies.
(Enacted by PBP TC No. 2023-222, August 10, 2023)
33-5-2 Defaults.
(A) If the Nation Housing Department or delegated department determines the Lessee is in default, the Nation Housing Department or delegated department shall take action to have the Lessee cure the default by sending the Lessee a notice of default within a reasonable time of the determination. Such time period for notice shall be expressly provided for either in the residential leasing procedures or in the lease itself. The notice of default may be provided by certified mail, return receipt requested.
(B) Within ten (10) business days of receipt of the mailing, the Lessee shall:
(1) Cure the default and notify the Nation Housing Department or delegated department in writing that the default has been cured;
(2) Dispute the Nation Housing Department’s determination that the lease is in default and explain why the lease should not be terminated; or
(3) Request additional time to cure the default.
(Enacted by PBP TC No. 2023-222, August 10, 2023)
33-5-3 Remedies.
(A) If the Lessee fails to cure the default within the prescribed period, the Nation Housing Department shall notify the Tribal Council. The Tribal Council may:
(1) Terminate the lease pursuant to the lease or this title;
(2) Grant an extension of time to cure the default;
(3) Pursue other negotiated remedies, including execution on bonds or collection of insurance proceeds;
(4) Any combination of remedies listed above; or
(5) Any other remedy set forth in the residential lease procedures.
(B) If the Tribal Council or delegated department terminates a residential lease, the Nation Housing Department or delegated department shall send the Lessee a termination letter within a reasonable time period. The termination letter may be sent to the Lessee by certified mail, return receipt requested. The termination letter shall:
(1) Explain the grounds for termination;
(2) Notify the Lessee of unpaid amounts, interest charges, or late payment penalties due under the lease;
(3) Notify the Lessee of their right to appeal; and
(4) Order the Lessee to vacate the premises within thirty (30) business days of receipt of mailing of the termination letter, if an appeal is not filed by that time.
(C) A termination shall become immediately effective thirty-one (31) business days after receipt of mailing of the order to vacate. The filing of an appeal shall not change the effective date of the termination. If the Lessee submits a request in writing to the Tribal Council or delegated department and the request is received within seven (7) business days of the mailing date of the order to vacate, the Tribal Council or delegated department in its discretion may grant the Lessee permission to occupy the premises beyond the termination effective date during the pendency of an appeal. If permission is granted, the Lessee shall be required to make lease payments during the pendency of the appeal. Pending the outcome of an appeal, the Lessee shall comply with the terms of the lease.
(D) If the Tribal Council or delegated department decides to grant an extension of time to cure a default, the Lessee shall proceed diligently to perform and complete the corrective actions within a reasonable time period.
(E) At the Nation’s request, the BIA may, upon reasonable notice from the Nation and at the BIA’s discretion, enforce the provisions of, or cancel, a lease document.
(Enacted by PBP TC No. 2023-222, August 10, 2023)
33-5-4 Penalties.
The lease shall specify the rate of interest to be charged if the Lessee fails to make payments in a timely manner. The lease shall identify additional late payment penalties. Unless the lease provides otherwise, interest charges and late payment penalties are not subject to notice and shall apply automatically, and the failure to pay such amount shall be treated as a violation of the lease.
(Enacted by PBP TC No. 2023-222, August 10, 2023)
33-5-5 Harmful or Threatening Activities.
If a Lessee or other party causes or threatens to cause immediate and significant harm to the premises under the lease, or undertakes illegal activity or unlawful conduct thereon, the Tribal Council or delegated department may take appropriate emergency action, which may include terminating the lease and/or securing judicial relief.
(Enacted by PBP TC No. 2023-222, August 10, 2023)
33-5-6 Holdover.
If a Lessee remains in possession after the expiration or termination of a lease, the Tribal Council or delegated department shall treat such occupation as a trespass. The Tribal Council or delegated department shall take action to recover possession and pursue additional remedies. Filing shall be pursuant to Nation laws or, alternatively, the Tribal Council may make a written request sent by certified mail to the BIA for resolution under any applicable federal laws.
(Enacted by PBP TC No. 2023-222, August 10, 2023)
33-5-7 Trespass.
If a person occupies the premises without the Tribal Council or delegated department’s approval, the Tribal Council or delegated department may pursue appropriate remedies, including the filing of a trespass action to regain possession under the applicable title of the Nation’s Law and Order Code. Alternatively, the Tribal Council may make a written request sent by certified mail to the BIA for resolution under any applicable federal laws.
(Enacted by PBP TC No. 2023-222, August 10, 2023)