Chapter 20-3 EVICTION CODE

CHAPTER 20-3
EVICTION CODE

20-3-1 Preamble.

(A) The Prairie Band Potawatomi Nation of the Potawatomi Reservation is a self-governing Indian Nation deriving its governing authority from its inherent sovereignty. The Nation stands in a government-to-government relation with the Government of the United States through applicable tribal and federal laws, agreements and other pertinent arrangements.

(B) It is the obligation of the Prairie Band Potawatomi Nation to make certain there is decent, safe and sanitary housing for tribal members and such other persons as may from time to time be allowed to reside on the reservation, and to regulate the use of such accommodations for public uses and purposes.

(C) The Nation has a legitimate governmental interest in regulating the occupation of all residential housing and accommodations within its jurisdiction, and such housing is a protectable asset of the Nation.

(D) It is necessary to regulate disputes between persons and entities over housing, dwellings and accommodations in order to protect the public peace, welfare and safety and to assure order and justice for all those who reside on the reservation.

(E) The activities of all persons within the jurisdiction of the Prairie Band Potawatomi Nation must be regulated because of the tribal interest in dwelling accommodations and the necessity of preserving the peace and preventing disputes which may cause community disruption, turmoil or conflict.

(F) The Indian Housing Authority of the Prairie Band Potawatomi Nation has certain obligations under its laws, the laws of the United States, the regulations of and agreements with the Department of Housing and Urban Development (HUD) and other agencies, which require the Indian Housing Authority to adequately and efficiently carry out its obligations. Therefore there is a need for a comprehensive tribal code or ordinance which regulates the rights, obligations and remedies of all persons, Indian or non-Indian, member or non-member, who occupy housing, dwellings or accommodations when they do not own outright, and those of persons or entities that sell, rent or allow the occupation of residential housing.

(G) It is in the interests of justice and good government to regulate in an orderly, fair and speedy manner, the rights, obligations and remedies of landlords and tenants within the Potawatomi Reservation or under its jurisdiction.

20-3-2 General Provisions.

(A) Title. This code may be known and cited as the Eviction Code of the Prairie Band Potawatomi Nation.

(B) Jurisdiction. This code shall apply to any and all arrangements, formal or informal, written or agreed to orally or by the practice of the parties, in selling, renting, leasing, occupying or using any and all housing, dwellings or accommodations for human occupation and residence.

(1) Jurisdiction is extended over all buildings and lands intended for human dwelling occupation or residence which may lie within:

(a) the exterior boundaries of the Potawatomi Reservation;

(b) lands owned by, held in trust for, leased or used by the Prairie Band Potawatomi Nation, its Indian Housing Authority, or any other entity of the Nation; or

(c) the Indian Country of the Prairie Band Potawatomi Nation, as may be defined from time to time by the laws of the Nation or of the United States.

(2) Jurisdiction is extended over all persons or entities within the jurisdiction of the Nation who sell, rent or lease or allow persons to occupy housing, dwellings or accommodations for the purpose of human dwelling occupation or residence, and all persons who buy, rent, lease or occupy such structures. Such personal jurisdiction is extended over all persons and entities, whether they are members of the Prairie Band Potawatomi Nation or not, whether they are Indian or non-Indian, and whether they have a place of business within the Potawatomi Reservation. Any act within the Potawatomi Reservation dealing with the subject matter of this code shall be subject to the Prairie Band Potawatomi Nation.

(3) Jurisdiction over all matters arising within the jurisdiction of the Nation with respect to the subjects of this code, and jurisdiction with respect to any person or entity acting or causing actions which are within the code shall be exercised by the Prairie Band Potawatomi Tribal Court of the Prairie Band Potawatomi Nation.

(1) Statutes, regulations and agreements with the United States. This code will not be interpreted in such a way as to conflict with statutes, regulations, or other laws of the United States, or agreements with the Untied States, which are specifically applicable to the subjects of this code. Where a conflict may appear between this code and any such provision, such statute, regulation or agreement of the United States will govern if it has specific applications and if it clearly is in conflict with the provisions of this code.

(2) State statutes and laws. This code shall govern and shall pre-empt the application of any state laws.

(3) Other tribal laws. To the extent that this code may conflict with tribal laws or ordinances which have been enacted to comply with statutes or regulations of the Department of Housing and Urban Development or other agencies of the United States, such tribal laws or ordinances will govern over the provisions of this code.

(4) Other principles of law. Unless affected or displaced by this code, principles of law and equity in the unwritten common law of the Prairie Band Potawatomi Nation are applicable.

(D) Purposes of this code and its interpretation. This code shall be liberally construed and applied to carry out its purposes and intent, and the code shall:

(1) Simplify, clarify, modernize and revise the law governing the occupation of dwelling units and accommodations, as well as the rights, obligations and remedies of the owners, sellers, lessors, landlords, lessees, tenants and occupiers of such structures.

(2) Encourage owners and occupiers of dwellings to maintain and improve them in order to improve the quality of housing as a tribal resource; and

(3) Preserve the peace, harmony and safety of the people of the Prairie Band Potawatomi Nation and those permitted to enter or reside on the Potawatomi Reservation.

(4) There exists within the jurisdiction of the Potawatomi Nation and the Potawatomi Reservation unsanitary, unsafe and overcrowded dwelling accommodations, and there is a shortage of safe, decent and sanitary housing available at rents or prices which persons of low income can afford, and that shortage forces persons to occupy unsanitary, unsafe and overcrowded dwelling accommodations.

(5) These conditions also cause an increase in and spread of disease and crime, and constitute a menace to health, safety, morals, welfare and traditional ways, and they require excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety protection, fire and accident prevention, and other public services and facilities.

(E) Definitions. As used in this code the following words will have the meanings given them in this section:

(1) An “action”, “suit or law suit”, “claim”, “complaint” or “defense” will include any dispute between persons or entities which relates to the sale, rental, use or occupancy of any housing, dwelling or accommodations for human occupancy, including claims for the payment of monies for such housing, dwellings or accommodations, damages to such units, fees, costs or expenses relating to them, the condition of such units or the relationships between owners and occupiers of such units, including the right to occupy them.

(2) “Building or housing codes” are any law, ordinance or governmental regulation of the Nation or an agency of the United States which deals with fitness for habitation, health conditions, or the safety, construction, maintenance, operation, occupancy, use or appearance of any dwelling unit. Where appropriate to the situation, standard or nationally-recognized building standards or codes may be applied as “building or housing codes”.

(3) A “dwelling or dwelling units” means a structure or part of a structure that is used as a home, residence, or sleeping place by any person who maintains a household.

(4) An “Indian” is any person who is a member of a federally-recognized Indian tribe.

(5) “Indian country”, the “territorial jurisdiction” or the “jurisdiction” of the Nation shall include all lands owned by, held in trust for, leased, occupied or otherwise controlled by or for the benefit of the Prairie Band Potawatomi Nation or its members, as well as any such ownership or use by an entity of the Nation, and those terms will include any and all areas which may constitute the “Indian Country” of the Nation under applicable provisions of its laws or the laws of the United States.

(6) The “Indian Housing Authority” or “Housing Authority” is that entity established under the laws of the Nation, or other applicable law, or otherwise for the purpose of constructing and maintaining dwelling for public use within the territorial jurisdiction of the Nation.

(7) A “landlord” is any person or entity or agency of government that is the owner, lessor or sublessor of a dwelling unit, and it also means a manager of any such dwelling unit.

(8) An “owner” is any person or entity jointly or individually having legal title to all or part of land or a dwelling, including the legal right to own, manage, use or control a dwelling unit under a mortgage, long term lease or any other security arrangement.

(9) A “person” includes an individual or organization, and where the meaning of a portion of this code requires, it means a public agency, corporation, partnership or any other entity recognized by law.

(10) A “premises” is a dwelling unit and the structure of which it is a part, and all facilities and areas connected with it, including grounds, areas and facilities intended for the use of tenants or whose use is either promised or practiced for tenants.

(11) “Rent” means all payments to be made to an owner or landlord for the lease, purchase or occupancy of a dwelling under an express or implied agreement for the purchase or occupancy of it. For the purposes of this code the term rent will be used to refer to payments to be made under any agreement for either the purchase or occupation of a dwelling, including all lease or mutual help and occupancy agreements between a Housing Authority and any person. It shall also be deemed to include a “MH Contribution”. The term shall also include any payment due and owing for the purposes of any eviction due to a default in a mutual help and occupancy agreement, purchase agreement or other agreement for the sale of housing.

(12) A “rental agreement” means any agreement, written, oral or by practice of the parties, as well as valid rules and regulations regarding the terms and conditions for any use or occupancy of a dwelling or premises. For the purpose of this code it shall also include any agreement which governs the use and occupancy of a dwelling under a use and occupancy agreement, a MHO agreement or any sales agreement where a person has not yet achieved home ownership under that agreement.

(13) The “reservation” in this code is the Potawatomi Reservation of the Prairie Band Potawatomi Nation.

(14) A “tenant” is any person entitled to rent, purchase, or occupy a dwelling, and it includes any person actually occupying a dwelling that he or she does not own. It will also include any person of the same household of a tenant, including guests, actual occupiers, heirs or successors to any interest in a dwelling.

(15) The “Nation” is the Prairie Band Potawatomi Nation.

20-3-3 Rights, Obligations and Remedies of Landlords.

(A) Sources of rights, obligations and remedies. The rights, obligations and remedies of landlords, as defined in this code, are contained in:

(1) The laws of the Nation;

(2) Applicable treaties, statutes, regulations and agreements with agencies of the United States;

(3) Agreements with occupiers of dwellings;

(4) Building or housing codes;

(5) Other laws which are made applicable through the provisions of this code.

(B) Effect of any agreement regarding dwellings. Unless an agreement or an applicable provision of it is contrary to this code or other applicable law, the agreement or provision will govern the rights and obligations of any party before the tribal court, and the 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 the applicable provisions of this code.

(1) Be paid any rent or money due under an agreement within ten (10) days from the agreed date of payment or within ten (10) days following the first day of a month in a month-to-month agreement for dwelling occupancy.

(2) Adopt reasonable rules and regulations for the use and occupancy of a dwelling which are designed to promote the convenience, safety or welfare of occupants, preserve the property from abusive or improper use, make a fair distribution or use of services and facilities for those who occupy dwellings or otherwise preserve the peace and quiet enjoyment of other tenants.

(3) Have access to the dwelling for maintenance, repairs, decorations, alterations or improvements, to inspect the premises, supply necessary or agreed services, or show the dwelling to prospective buyers or tenants, and to otherwise have reasonable access to the premises. Such access must be at reasonable access to the premises. Such access must be at reasonable times when the tenant is present, and upon a notice of at least 24 hours, except in situations involving an emergency or where the tenant consents. No tenant who unreasonably denies access to a landlord for these purposes may complain that any services or repairs were not provided.

(4) Require that any tenant comply with codes or regulations regarding housing, health, safety or public order, keep the premises reasonably clean and safe, dispose of all ashes, garbage, rubbish and waste in a clean and safe manner, keep the premises and its parts in good repair, reasonably use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning or other facilities and appliances, conduct himself and require others on the premises to conduct themselves in a way that will not disturb the peaceful enjoyment of others or abuse property, use all parts of the premises in a way they were intended or designed, and refrain from destroying, defacing, damaging or removing any part of the premises or allow any other person to do so.

(5) Reasonably enjoy all rights which are given by law or the agreement of the parties.

(D) Landlord obligations. Every landlord under this code has these obligations:

(1) To maintain the dwelling in a decent, safe and sanitary condition, except to the extent that a tenant has that obligation under an agreement.

(2) To guarantee the right of quiet enjoyment of the dwelling to the tenant and insure that the conduct of other tenants and those with them does not cause a nuisance, endangerment of public health and safety, breach of the peace or interference with the quiet enjoyment of others.

(3) To comply with applicable building or housing codes, where that is the responsibility of the landlord.

(4) To make necessary repairs to the premises, except where the tenant has that obligation by agreement or applicable law.

(5) To keep dwellings, facilities and common areas which are not assigned to a specific tenant in a clean and safe condition.

(6) To maintain in good and safe working order and condition all electrical, plumbing, sanitary, hearing, ventilating, air-conditioning and other facilities and appliances, where such things are not the responsibility of a tenant.

(7) To provide and maintain proper and appropriate receptacles and facilities (except for those of the individual tenant) for the proper disposal of ashes, garbage, rubbish and other waste from the dwelling.

(8) To provide running water and hot water and heat which is appropriate for the season of the year and in accordance with applicable housing and health codes, except to the extent the tenant is required to provide for them himself.

(9) To disclose, in writing, the name, address and telephone number of any person authorized to manage the dwelling, the owner of the premises or his agent, the person responsible for receiving rent, notices and demands under this code, and the person responsible for making repairs, where they are required. If such a disclosure is not made, then any person who receives payments or deals with a tenant as an apparent landlord or manager will be deemed to be the proper landlord for actions under this code.

(10) To give possession of the premises to the tenant in accordance with the agreement to occupy.

(11) To respect the rights of tenants as set forth in this code.

(E) Remedies. Where a tenant has not complied with this code or the agreement of the parties, the landlord has the right to;

(1) Give reasonable notice to the tenant to comply with his obligations, pay any monies due and owing under the agreement of the parties, or to terminate the agreement under which the tenant occupies the premises and demand that he and those with him leave the premises.

(2) Require repairs or maintenance which are the responsibility of the tenant and comply with reasonable rules and regulations for occupancy.

(3) Seek a court order or judgment for the payment of monies or costs, compliance with the agreements and obligations of tenants, terminate an agreement, payment of damages, evictions of tenants and any other relief to which he may be entitled to by law or the agreement of the parties.

20-3-4 Rights, Obligations and Remedies of Tenants

(A) Tenant rights. Each tenant under this code shall have the right to:

(1) Quiet enjoyment of the premises and protection of that right by the landlord against offending persons or things that are under his control.

(2) Receipt of reasonable notice, as provided by this code, for compliance with the agreement of the tenant, termination of an agreement or eviction.

(3) Compliance with applicable building or housing codes.

(4) A reasonable and effective means of dealing with the landlord or his agents, making complaints regarding the premises or agreement and having them resolved in a reasonable manner, having a grievance resolved through a reasonable grievance procedure, disputing any notice to comply with the agreement of the parties or the law, including a notice terminating the agreement, and otherwise have an effective opportunity to be heard and fairly treated. This right includes all grievance, notice and hearing rights required of any Housing Authority and a reasonable formal or informal procedure in dealing with a landlord that is not a Housing Authority.

(5) Apply to the tribal court in any action authorized by this code or law, to enforce rights under this code.

(B) Tenant obligations. Every tenant under this code will have these obligations:

(1) To pay rent, purchase payments, costs, fees, or damages in accordance with the agreement of the parties, this code and applicable law.

(2) To respect and comply with the rights of landlords recited in of this code.

(3) To maintain the premises in a safe and clean manner, and to otherwise maintain the premises as may be required by agreement or this code and conduct themselves in using the premises and common areas in a way which does not disturb the quiet enjoyment of others or cause a breach of the peace. These obligations include the duty to require that those who occupy or use the premises as guests or by invitation conduct themselves in a similar way.

(4) To not give up the premises to others, assign a lease agreement, sublease, provide accommodations for borders, lodgers or others who are not parties to the agreement over the premises without the permission of the landlord. No guest or other person invited to stay at the premises may remain for more than thirty (30) days without the permission of the landlord.

(5) To use the premises only for a personal and private dwelling as agreed, and not to use or permit its use for any other purpose.

(6) To abide by necessary and reasonable rules and regulations made by the landlord.

(7) To keep the premises and assigned areas in a clean and safe condition and use them in the ways in which they were designed or intended.

(8) To dispose of all ashes, garbage, rubbish and other waste, as well as junk, abandoned vehicles or other unnecessary items in a proper, sanitary and safe manner.

(9) To use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities that are a part of the premises, and the property of the tenant, in a proper, safe, sanitary and reasonable manner.

(10) To refrain from destroying, defacing, damaging, or removing any part of the premises or common tenant areas, and to require family members and guests to act in like manner.

(11) To pay reasonable charges (other than for wear and tear) for the repair of damages to the premises or common areas caused by the tenant, his household or guests, or to make repairs for such damages where that is the obligation of the tenant, all within thirty (30) days of such damage.

(12) To conduct himself and cause other persons to conduct themselves in a way that will not disturb or injure neighbors, and in a way that will keep the dwelling and common areas in a decent, safe and sanitary condition.

(13) To refrain from illegal conduct or any other activity that is contrary to written or traditional law which may harm the physical or social environment of the premises or the area around it.

(14) To perform seasonal maintenance or other maintenance reasonably required by the agreement of the tenant or the reasonable rules and regulations of the landlord.

(C) Tenant remedies. Where a landlord has not complied with this code or the agreement of the parties, the tenant has the right to:

(1) Give reasonable notice to the landlord to comply with his obligations, demand repairs which are the responsibility of the landlord or terminate the agreement under which the tenant occupies the premises.

(2) Require repairs or maintenance which are the responsibility of the landlord.

(3) Seek a court order or judgment for the payment of monies or cost, compliance with the agreements and obligations of landlords, terminate an agreement, pay damages or any other relief to which he may be entitled by law or the agreement of the parties.

20-3-5 Procedures.

(A) Grounds for Eviction. Any tenant, as defined in this code, may be evicted from any premises, ordered to pay damages and costs, or otherwise be subjected to the order or judgment of the tribal court for the breach of any obligation under this code, any agreement, including an agreement to purchase or rent any dwelling, or for any other obligation provided by law. A tenant may be evicted for:

(1) Nonpayment of payments under an agreement for the purchase or occupation of a dwelling when such payments are not made within ten (10) days of the agreement date of payment or ten (10) days following the first day of the month in a month-to-month tenancy.

(2) Any rearrange in payments, costs, damages which have been due and owning for thirty (30) days or more. The receipt by a landlord of partial payments under an agreement shall not excuse the payment of any balance due upon demand.

(3) Nuisance, property damage or destruction, injuries to the property, person or peace of other tenants, or injuries or damage to common areas and property.

(4) Noncompliance with this code, building or housing codes or the reasonable rules and regulations of the landlord.

(5) Occupying any premises without permission or agreement, following any reasonable demand by a person in authority over the premises to leave.

(B) Notices. A tenant by reason of a rental agreement or any purchase agreement with a Housing Authority shall be entitled to such notice as may be required by laws and regulations of the United States, the laws governing the authority or its regulations, and otherwise notices will be governed by the provisions of this part.

(1) Notices other than notices to cancel or terminate an agreement. Any notice to a landlord or tenant to comply with the agreement of the parties or this code, other than a notice to cancel or terminate the agreement of the parties, may be given in any reasonable manner or as provided by the agreement of the parties.

(2) Notices to cancel or terminate agreements, and notices to leave the premises. Any notice to cancel or terminate an agreement for the purchase, use or occupancy of a dwelling or to leave a premises must be in writing, and must be delivered to the tenant or landlord in the following manner:

(a) Delivery must be made by:

(i) A law enforcement officer of the Nation, an agency of the United States or other applicable agency,

(ii) Any person authorized by the Tribal Court; or

(iii) Any adult member of the Nation who resides on the reservation who is not an employee or agent of the landlord or tenant.

(iv) Registered or Certified U.S. mail.

(b) Delivery will be effective when it is:

(i) Personally delivered to a tenant;

(ii) Personally delivered to an adult living in the premises; or

(iii) Personally delivered to an adult agent or employee of the landlord or tenant;

(c) If the notice cannot be given by means of personal delivery or the landlord or tenant cannot be found, the notice may be delivered by means of:

(i) Certified mail, return receipt requested, at the last known address of the landlord or tenant; or

(ii) Securely taping a copy of the notice to the main entry door of the premises in such a manner that it is not likely to blow away, and by posting a copy of the notice in some public place near the premises, including a tribal office, public store or other commonly-frequented place.

(iii) The person giving notice must keep a copy of the notice and proof of service in accordance with this section, by affidavit or other manner recognized by law.

(D) Termination of a Lease. An agreement of the parties for the lease of a premises, and not for the purchase of a premises, may be terminated in the following manner.

(1) Termination shall be only for good cause under this code or the agreement of the parties, and in the situation where a Housing Authority is the landlord, termination of the lease shall be for violation of the material terms of the lease, including the failure to make agreed payments, the failure to fulfill tenant obligations or for other good cause.

(2) The written notice must contain the reasons for the termination, and inform the person receiving notice of the right to make a reply.

(3) Where the landlord is a Housing Authority, the notice must inform the tenant of the right to request a hearing in accordance with the Authority’s grievance procedures.

(4) The notice must be delivered within the following periods of time:

(a) No less than thirty (30) days prior to the termination of the lease for any failure to pay rent or other payments required by the agreement;

(b) No less than three (3) days prior to the termination of the lease for nuisance, serious injury to property or injury to persons. In situations where there is an emergency, such as a fire or condition making the dwelling unsafe or inhabitable, or in situations involving a imminent or serious threat to public health or safety, the notice may be made in a period of time which is reasonable, given the situation.

(E) Termination of a Purchase Agreement or MHO Agreement. An agreement of the parties for the purchase of a dwelling may be terminated in the following manner:

(1) Where the landlord is a Housing Authority, the purchase or MHO agreement may be terminated for failure to comply with obligations under the agreement, misrepresentation or withholding of material information with respect to admission, income or family composition or any other material breach of the agreement. In all other cases the agreement may be terminated for its breach.

(2) The notice of termination must be in writing and must contain:

(a) The reason(s) for termination;

(b) A statement that the home buyer or tenant may respond to the landlord in writing or in person regarding the reason given;

(d) Where the person giving notice is a Housing Authority, a statement that the person may be represented or accompanied by a person of his choice, including a representative of the Nation;

(e) Where the person giving notice is a Housing Authority, a statement that the agreement will terminate on the thirtieth (30th) day after the date of receipt of the notice, but that if within that time the person receiving notice gives satisfactory evidence or assurances he will cure the breach and continue to carry out his obligations under the agreement the Housing Authority may rescind or extend the notice. There shall also be a statement that if there is no rescission or extension, the agreement shall terminate on the thirtieth (30th) day after the date of receipt of the notice.

(f) In situations where the person giving notice is not a Housing Authority, the notice must state the date of termination of the agreement, which must be no sooner than the thirtieth (30th) day after delivery of the notice.

(3) In all cases the notice must be delivered no less than thirty (30) days prior to the termination of the agreement and a reasonable opportunity must be given to the person receiving notice to discuss or contest the reason for termination and to cure any breach.

(F) Required Hearings and Grievances. Where a Housing Authority is required to conduct a hearing or conduct a grievance process prior to the termination or cancellation of an agreement.

(1) the hearing or grievance procedure must be offered or held prior to seeking relief from the court;

(2) the hearing or grievance procedure must be capable of being held prior to the cancellation or termination of the agreement;

(3) any hearing or grievance procedure may be held either at a date, time and place stated in the notice or it may be by an arrangement of the parties.

(G) Notice to Quit. Following any notice which terminates or cancels an agreement or any notice to a person who occupies a dwelling without an agreement to leave it, a tenant may be given a notice to quit possession of the premises as follows:

(1) Except by mutual consent of the parties, no landlord may compel a tenant to vacate any premises in a forceful fashion or way which causes a breach of the peace without giving a notice to quit and obtaining a court order as provided in this code.

(2) The notice to quit may be served by any tribal or other law enforcement officer or any person appointed by the tribal court for service of process, and it must be served as provided for the manner of giving notice in this code.

(3) The notice must be addressed to the known tenants of the premises, although unknown occupants need not be named, and its shall state the reason(s) for the notice and state a date by which the tenant must leave the premises and surrender it to the landlord.

(4) Any notice which substantially complies with the following form will be sufficient:

“TO: [name of tenants] and occupiers of [address of premises or reasonable description of location]

You are required to quit possession or occupancy of these premises, move out and return the possession of the premises to the landlord on or before [state the date] for the following reasons(s): [state what they are].

[name and address of person giving notice, date and signature]”

(5) The notice must provide not less than five (5) days following the date of service of the notice to quit in order to leave, except in cases of nuisance or injuries.

20-3-6 Court Procedures.

(A) Complaint. At any time after the expiration of the time set in the notice of quit, if the tenant or occupant of the premises refuses to quiet possession or occupancy of the premises, the landlord may file a complaint in tribal court for eviction and other relief. The complaint must state:

(1) The name and known address of the tenants against whom the suit is brought, but it need not state the names of any other occupants, who will be considered to be bound by a court order;

(2) A description of the agreement of the parties or the terms under which the persons being sued occupy the premises;

(3) The address or location of the premises in sufficient terms to allow a law enforcement officer to carry out any order of the court;

(4) A description of the obligation the tenant has breached or the reason for the action;

(5) A statement showing that any required notices and the notice to quit have been served in accordance with the provisions of this code requiring them; and

(6) The relief demanded, including any claims for damages, fees, costs or other special relief.

(B) Action upon Filing Complaint. When a complaint is filed in tribal court it must be immediately presented to a tribal court judge. This must be on the date of filing or, if a judge is not present, on the first working day after filing or when a judge may first be found. The judge must review the complaint and must, if it appears to be in compliance with this code, issue an order of the court requiring the defendant named in the complaint to appear before the court on a certain date to contest the complaint. The date for appearance of answering the complaint must be no less than five days after the date of the order in matters involving a nuisance or injuries or ten days in all other cases.

(1) If the tenant appears before the court in person or in writing to contest the complaint, the court must set a hearing date. Any written response must state any defenses or factual disputes, and where any defendant appears in person, a written response must be served upon the plaintiff within five (5) days of any hearing, excluding weekends and holidays.

(2) The court must set a hearing date which is no more than fifteen days following the date for appearance, except when the hearing date would fall on a weekend or holiday, and in such a situation on the first working day following that date.

(3) A defendant may, for good cause shown, and upon the payment of a reasonable sum for the fair rental value of the premises between the date on which the complaint was filed and the date of hearing, obtain an extension of time beyond the fifteen (15) day period. The court may refuse to extend the date of hearing where the complaint is based upon nuisance or injuries and must not extend the date of hearing where the complaint is based upon conduct which is alleged to constitute a serious danger to public health, safety or peace.

(4) If a tenant fails to appear in person or in writing on or before the date of appearance, the court must enter judgment on behalf of the plaintiff following a hearing to determine whether relief should be granted and the kind of relief that should be granted.

(D) Defenses. The court must grant the remedies allowed in this code, unless it appears by the evidence that:

(1) The premises are untenantable, uninhabitable or constitute a situation where there is a constructive eviction of the tenant, in that the premises are in such a condition, due to the fault of the landlord, that they constitute a real and serious hazard to human health and safety and not a mere inconvenience.

(2) The landlord has failed or refused to make repairs which are his responsibility after a reasonable demand by a tenant to do so and for a period of more than thirty (30) days after the demand, without good cause, and the repairs are necessary for the reasonable habitation of the premises.

(3) No defense may be founded upon either of the grounds listed in the above two subsections unless:

(a) The obligation to maintain or repair is that of the landlord under this code or the agreement of the parties, and a clear and reasonable demand was made by the tenant to correct such conditions or the landlord knew of them; and

(b) The landlord has had a reasonable opportunity to maintain or make repairs and the tenant has been cooperative in allowing them.

(4) There are monies due and owing to the tenant because he has been required to make repairs which are the obligation of the landlord and the landlord has failed or refused to make then after a reasonable notice of not less than thirty (30) days. Such sums may be a complete or partial defense to a complaint for eviction, but only to the extent that such sums set off monies owed for occupancy. A tenant may be evicted after such a period if he fails or refuses to pay the reasonable rental value of the premises.

(5) That due to the conduct of the landlord there is injury to the tenant in such a way that justice requires that relief be modified or denied. This shall include the equitable defenses of estoppel, laches, fraud, misrepresentation and breaches of serious and material obligations for public health, safety and peace standards. Any such defense must be strictly construed to avoid abuse or the denial of a fair remedy to the landlord. No such defense will be allowed unless it involves actual prejudice or injury to the tenant and serious violations of fairness and justice.

(6) That there are serious and material breaches of applicable housing law on the part of the landlord that it would be unjust to grant him a remedy. This defense must be strictly construed to avoid abuse and the denial of a fair remedy to the landlord and to assure that the dwelling is preserved.

(E) Tenant Complaints and Claims. Any complaint or claim by a tenant which does not fall within the procedures of this section may be made under the rules of civil procedure of the tribal court.

(F) Discovery and Prehearing Proceedings. Extensive, prolonged or time-consuming discovery and prehearing proceedings will not be permitted, except in the interests of justice and for good cause shown by the moving party. Discovery shall be informal, and reasonably provided on demand of a party, and it shall be completed within five (5) days of the date of hearing. Requests for discovery must be made no later than three (3) days following the setting of a hearing date. The court may enter reasonable orders requiring discovery or protecting the rights of the parties upon reasonable notice.

(G) Evidence. Evidence in proceedings under this section shall be informal, and may include hearsay evidence if such evidence is not the basis for a final decision. The books and records of the parties as to the payment or nonpayment of monies owed will be received in evidence and the files and business records of the landlord with respect to the agreement of the parties will be received in evidence upon their presentation to the court. Provided, however, that a tenant may examine the custodian of such records as to their contents. All hearings will be informal and designed to receive evidence in a fair and just manner.

(H) Prehearing Conferences. The court may require that the parties attend a prehearing conference prior to the hearing in order to simplify the issues and evidence at trial and to discuss a reasonable disposition of the case.

(I) Substantial Compliance. No complaint will be dismissed on the ground a plaintiff has not complied with the notice, hearing and grievance provisions of this code unless it appears that he has abused or willfully failed to comply with them, that he is not in substantial compliance with them and that it would be in the interests of justice to deny relief or a remedy. Any landlord who has substantially complied with the procedures of this code will not be denied relief.

(J) Judgment. Within five (5) days of the date of the hearing the court must grant and enter judgment, and the judgment must grant all relief that the parties are entitled to as of the date of entry of the judgment. The judgment may:

(1) Order the immediate eviction of a tenant and delivery of the premises to the landlord;

(2) Grant actual damages as provided in the agreement of the parties or this code, including interest;

(3) Order the parties to carry out an obligation required by law;

(4) Order the payment, costs and expenses of litigation; or

(5) Grant any relief provided in this code or allowed in law or equity.

(K) Form of Judgment. The judgment shall state the relief granted by the court to any party but need not state findings of fact or conclusion of law in support of the judgment. The judgment may state brief reasons for it.

(L) Execution of Judgment. Any judgment may be immediately executed, and the judgments and orders of the court must be enforced by a duly-authorized law enforcement officer or officer of the court, appointed by the court for such a purpose. Any law enforcement officer must, upon receipt of an order of the court, execute the judgment or order made by it within five days of the date of the judgment or order and make a report to the court on what was done to enforce it. Any law enforcement officer to whom a judgment or order is given for enforcement who fails or refuses to execute it shall be guilty of an offense, which shall be punishable by imprisonment of up to thirty days, a fine of up to $200, exclusion from the reservation, dismissal from employment and the payment of the reasonable damages, costs and expenses to a party for the failure to execute the judgment. This section shall also apply to any judgment on behalf of a tenant obtained under the rules of civil procedure of the court.

(M) Stay of Execution. The losing party may apply for a stay of execution of the judgment of order if:

(1) Good and reasonable grounds affecting the well-being or the party are stated;

(2) There would be no substantial prejudice or injury to the prevailing party during the period of the stay; and

(3) Monies, security or reasonable arrangements are paid or made to satisfy the judgment or pay for the reasonable use and occupancy of the premises during the period of appeal or a reasonable period of time following the judgment.

(N) Appeals. There is no rights to an appeal of any judgment or order under the provisions of this code, but such an appeal may be allowed upon the payment of or security for any damages granted in a judgment or other arrangements found satisfactory by the Court of Appeals. An appeal may be disallowed by the Chief Judge or the presiding judge of the Court of Appeals where it appears to be without merit or where the judgment is based upon conduct which constitutes serious damage to property or the endangerment of public safety and welfare.

(O) Procedure on Appeal. Within three (3) days of the date of judgment a notice of appeal must be filed with the trial judge of the court who presided over the case, and the notice must state the reasons for the appeal. The trial judge must, upon receipt of the notice of appeal, present the notice to the chief judge or presiding judge of the Court of Appeals for a determination of whether an appeal will be allowed. Such judge will immediately either grant the appeal and set a date for a hearing upon it or deny the appeal and order execution of the judgment or order. The Court of Appeals may set reasonable conditions for the appeal.

(P) Hearing on Appeal. If an appeal is granted, notice shall be given to the parties by means of first class mail of the date for hearing. The notice may require the parties to file briefs or written submissions to the court. The appeal shall be upon the evidence of the parties and not upon the record at trial, and it shall be conducted in a speedy fashion.

(Q) Rules of Court. The chief judge of the Tribal Court may, after public notice and a hearing, adopt rules of pleading, practice and procedure to enforce the provisions of this code, and may adopt model forms for actions under this code.

(R) Miscellaneous Provisions. Any provision of law which is in direct conflict with this code shall be deemed repealed, and should any provision of this code be found to be null, void or contrary to law, such a finding will not affect the validity and enforceability of the remainder hereof.