Chapter 12.10
RESIDENTIAL LANDLORD TENANT ACT
Sections:
12.10.010 Living arrangements exempted from chapter.
12.10.020 Notice – Alternative procedure.
12.10.050 Seizure of illegal drugs – Firearms offenses – Notification of landlord.
12.10.060 Payment of rent condition to exercising remedies – Exceptions.
12.10.070 Rental of condemned or unlawful dwelling – Tenant’s remedies.
12.10.080 Landlord’s failure to remedy defective condition – Tenant’s choice of actions.
12.10.110 Substandard and dangerous conditions.
12.10.120 Substandard and dangerous conditions – Notice.
12.10.130 Substandard and dangerous conditions – Escrow account.
12.10.140 Defective conditions – Unfeasible to remedy defect – Termination of tenancy.
12.10.160 Reasonable obligations or restrictions – Tenant’s duty to conform.
12.10.170 Landlord’s right of entry – Purposes – Conditions.
12.10.180 Landlord’s remedies if tenant fails to remedy defective condition.
12.10.190 Landlord to give notice if tenant fails to carry out duties.
12.10.210 Notice to tenant to remedy nonconformance.
12.10.230 Tenancies from year to year abolished except under written contract.
12.10.240 Termination of tenancy for a specified time.
12.10.260 Reprisals or retaliatory actions by landlord – Prohibited.
12.10.270 Reprisals or retaliatory actions by landlord – Presumptions – Rebuttal – Costs.
12.10.280 Deposit to secure occupancy by tenant – Landlord’s duties – Violation.
12.10.290 Screening of tenants – Costs – Notice to tenant – Violation.
12.10.330 Nonrefundable fees not to be designated as deposit – Written rental agreement required.
12.10.380 Threatening behavior by landlord – Termination of agreement – Financial obligations.
12.10.400 Smoke detection devices in dwelling units – Penalty.
12.10.010 Living arrangements exempted from chapter.
The following living arrangements are not intended to be governed by the provisions of this chapter, unless established primarily to avoid its application, in which event the provisions of this chapter shall control:
A. Residence at an institution, whether public or private, where residence is merely incidental to detention or the provision of medical, religious, educational, recreational, or similar services, including but not limited to correctional facilities, licensed nursing homes, monasteries and convents, and hospitals;
B. Occupancy under a bona fide earnest money agreement to purchase or contract of sale of the dwelling unit or the property of which it is a part, where the tenant is, or stands in the place of, the purchaser;
C. Residence in a hotel, motel, or other transient lodging;
D. Rental agreements for the use of any single-family residence that are incidental to leases or rentals entered into in connection with a lease of land to be used primarily for agricultural purposes;
E. Rental agreements providing housing for seasonal agricultural employees while provided in conjunction with such employment;
F. Occupancy by an employee of a landlord whose right to occupy is conditioned upon employment in or about the premises. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.010.]
12.10.020 Notice – Alternative procedure.
When the plaintiff, after the exercise of due diligence, is unable to personally serve the summons on the defendant, the Court may authorize the alternative means of service described herein. Upon filing of an affidavit from the person or persons attempting service describing those attempts, and the filing of an affidavit from the plaintiff, plaintiff’s agent, or plaintiff’s attorney stating the belief that the defendant cannot be found, the Court may enter an order authorizing service of the summons as follows:
A. The summons and complaint shall be posted in a conspicuous place on the premises unlawfully held, not less than nine days from the return date stated in the summons; and
B. Copies of the summons and complaint shall be deposited in the mail, postage prepaid, by both regular mail and certified mail directed to the defendant’s last known address not less than nine days from the return date stated in the summons. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.030.]
12.10.030 Landlord – Duties.
The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular:
A. Maintain the premises to substantially comply with any applicable code, ordinance, or regulation governing their maintenance or operation, which the Business Committee or designee thereof could enforce as to the premises rented if such condition substantially endangers or impairs the health or safety of the tenant;
B. Maintain the roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural components in reasonably good repair so as to be usable and capable of resisting any and all normal forces and loads to which they may be subjected;
C. Keep any shared or common areas reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident;
D. Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single-family residence, control infestation during tenancy except where such infestation is caused by the tenant;
E. Except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as it by law or rental agreement should have been, at the commencement of the tenancy;
F. Provide reasonably adequate locks and furnish keys to the tenant;
G. Maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him or her in reasonably good working order;
H. Maintain the dwelling unit in reasonably weathertight condition;
I. Except in the case of a single-family residence, provide and maintain appropriate receptacles in common areas for the removal of ashes, rubbish, and garbage incidental to the occupancy and arrange for the reasonable and regular removal of such waste;
J. Except where the building is not equipped for the purpose, provide facilities adequate to supply heat and water and hot water as reasonably required by the tenant;
K. Provide a written notice to the tenant that the dwelling unit is equipped with a smoke detection device as required in CTC 12.10.400. The notice shall inform the tenant of the tenant’s responsibility to maintain the smoke detection device in proper operating condition and of penalties for failure to comply with the provisions of CTC 12.10.400. The notice must be signed by the landlord or the landlord’s authorized agent and tenant with copies provided to both parties;
L. Designate to the tenant the name and address of the person who is the landlord by a statement on the rental agreement or by a notice conspicuously posted on the premises. The tenant shall be notified immediately of any changes by certified mail or by an updated posting. If the person designated in this subsection does not reside in the Tribe’s jurisdiction, there shall also be designated a person who resides therein who is authorized to act as an agent for the purpose of service of notices and process, and if no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered such agent.
No duty shall devolve upon the landlord to repair a defective condition under this section, nor shall any defense or remedy be available to the tenant under this chapter, where the defective condition complained of was caused by the conduct of such tenant, his family, invitee, or other person acting under his control, or where a tenant unreasonably fails to allow the landlord access to the property for purposes of repair. When the duty imposed by subsection A of this section is incompatible with and greater than the duty imposed by any other provisions of this section, the landlord’s duty shall be determined pursuant to subsection A of this section. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.040.]
12.10.040 Landlord – Failure to perform duties – Notice from tenant – Contents – Time limits for landlord’s remedial action.
If at any time during the tenancy the landlord fails to carry out the duties required by CTC 12.10.030 or by the rental agreement, the tenant may, in addition to pursuit of remedies otherwise provided him by law, deliver written notice to the person designated in CTC 12.10.030(L), or to the person who collects the rent, which notice shall specify the premises involved, the name of the owner, if known, and the nature of the defective condition. The landlord shall commence remedial action after receipt of such notice by the tenant as soon as possible but not later than the following time periods, except where circumstances are beyond the landlord’s control:
A. Not more than 24 hours where the defective condition deprives the tenant of hot or cold water, heat, or electricity, or is imminently hazardous to life;
B. Not more than 72 hours where the defective condition deprives the tenant of the use of a refrigerator, range and oven, or a major plumbing fixture supplied by the landlord; and
C. Not more than 10 days in all other cases. In each instance the burden shall be on the landlord to see that remedial work under this section is completed promptly. If completion is delayed due to circumstances beyond the landlord’s control, including the unavailability of financing, the landlord shall remedy the defective conditions as soon as possible. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.050.]
12.10.050 Seizure of illegal drugs – Firearms offenses – Notification of landlord.
A. Any law enforcement agency that seizes an illegal substance pursuant to a violation of Chapter 4.45 CTC shall make a reasonable attempt to discover the identity of the landlord and shall notify the landlord in writing, at the last address listed in the property tax records and at any other address known to the law enforcement agency, of the seizure and the location of the seizure of the illegal drugs or substances.
B. Any law enforcement agency that arrests a tenant for threatening another tenant with a firearm or other deadly weapon, or for some other unlawful use of a firearm or other deadly weapon on the rental premises, or for physically assaulting another person on the rental premises, shall make a reasonable attempt to discover the identity of the landlord and notify the landlord about the arrest in writing, at the last address listed in the property tax records and at any other address known to the law enforcement agency. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.060.]
12.10.060 Payment of rent condition to exercising remedies – Exceptions.
The tenant shall be current in the payment of rent, including all utilities that the tenant has agreed in the rental agreement to pay, before exercising any of the remedies accorded him under the provisions of this chapter; provided, that this section shall not be construed as limiting the tenant’s civil remedies for negligent or intentional damages; provided further, that this section shall not be construed as limiting the tenant’s right in an unlawful detainer proceeding to raise the defense that there is no rent due and owing. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.070.]
12.10.070 Rental of condemned or unlawful dwelling – Tenant’s remedies.
A. If a Tribal agency responsible for the enforcement of a building, housing, or other appropriate code has notified the landlord that a dwelling is condemned or unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, a landlord shall not enter into a rental agreement for the dwelling unit until the conditions are corrected.
B. If a landlord knowingly violates subsection A of this section, the tenant shall recover either three months’ periodic rent or up to treble the actual damages sustained as a result of the violation, whichever is greater, and costs of suit and reasonable attorneys’ fees. If the tenant elects to terminate the tenancy as a result of the conditions leading to the posting, or if the appropriate Tribal agency requires that the tenant vacate the premises, the tenant also shall recover:
1. The entire amount of any deposit prepaid by the tenant; and
2. All prepaid rent. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.080.]
12.10.080 Landlord’s failure to remedy defective condition – Tenant’s choice of actions.
If, after receipt of written notice and expiration of the applicable period of time, as provided in CTC 12.10.040, the landlord fails to remedy the defective condition within a reasonable time, the tenant may:
A. Terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement, in which case he or she shall be discharged from payment of rent for any period following the quitting date, and shall be entitled to a pro rata refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with CTC 12.10.320;
B. Bring an action in an appropriate court for any remedy provided under this chapter or otherwise provided by law; or
C. Pursue other remedies available under this chapter. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.090.]
12.10.090 Landlord’s failure to carry out duties – Repairs effected by tenant – Procedure – Deduction of cost from rent – Limitations.
A. If at any time during the tenancy the landlord fails to carry out any of the duties imposed by CTC 12.10.030, and notice of the defect is given to the landlord pursuant to CTC 12.10.040, the tenant may submit to the landlord or his or her designated agent by certified mail or in person a good faith estimate by the tenant of the cost to perform the repairs necessary to correct the defective condition if the repair is to be done by licensed or registered persons, or if no licensing or registration requirement applies to the type of work to be performed, the cost of repair if the repair is to be done by responsible persons capable of performing such repairs. Such estimate may be submitted to the landlord at the same time as notice is given pursuant to CTC 12.10.040; provided, that the remedy provided in this subsection shall not be available for a landlord’s failure to carry out the duties in CTC 12.10.030(I), and (K); provided further, that if the tenant utilizes this subsection for repairs pursuant to CTC 12.10.030(F), the tenant shall promptly provide the landlord with a key to any new or replaced locks. The amount the tenant may deduct from the rent may vary from the estimate, but cannot exceed the limits described in subsection B of this section.
B. If the landlord fails to commence remedial action of the defective condition within the applicable time period after receipt of notice and the estimate from the tenant, the tenant may contract with a licensed or registered person, or with a responsible person capable of performing the repair if no license or registration is required, to make the repair and, upon the completion of the repair and an opportunity for inspection by the landlord or his designated agent, the tenant may deduct the cost of repair from the rent in an amount not to exceed the sum of $250.00 per repair; provided, that when the landlord must commence to remedy the defective condition within 10 days as provided in CTC 12.10.040(C), the tenant cannot contract for repairs for 10 days after notice or five days after the landlord receives the estimate, whichever is later; provided further, that the total costs of repairs deducted in any 12-month period under this subsection shall not exceed the sum of $1,000.
C. If the landlord fails to carry out the duties imposed by CTC 12.10.030 within the applicable time period, and if the cost of repair does not exceed $250.00, including the cost of materials and labor, which shall be computed at the prevailing rate in the community for the performance of such work, and if repair of the condition need not by law be performed only by licensed or registered persons, and if the tenant has given notice under CTC 12.10.040, although no estimate shall be necessary under this subsection, the tenant may repair the defective condition in a workmanlike manner and upon completion of the repair and an opportunity for inspection the tenant may deduct the cost of repair from the rent; provided further, that repairs under this subsection are limited to defects within the leased premises; provided further, that the cost per repair shall not exceed $250.00 and that the total costs of repairs deducted in any 12-month period under this subsection shall not exceed $1,000.
D. The provisions of this section shall not:
1. Create a relationship of employer and employee between landlord and tenant; or
2. Constitute the tenant as an agent of the landlord.
E. Any repair work performed under the provisions of this section shall comply with the requirements imposed by any applicable code, ordinance, or regulation. A landlord whose property is damaged because of repairs performed in a negligent manner may recover the actual damages in an action against the tenant.
F. Nothing in this section shall prevent the tenant from agreeing with the landlord to undertake the repairs himself in return for cash payment or a reasonable reduction in rent, the agreement thereof to be agreed upon between the parties, and such agreement does not alter the landlord’s obligations under this chapter. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.100.]
12.10.100 Failure of landlord to carry out duties – Determination by Tribal Court – Judgment against landlord for diminished rental value and repair costs – Enforcement of judgment – Reduction in rent under certain conditions.
A. If the Tribal Court determines that:
1. A landlord has failed to carry out a duty or duties imposed by CTC 12.10.030; and
2. A reasonable time has passed for the landlord to remedy the defective condition following notice to the landlord in accordance with CTC 12.10.040 or such other time as may be allotted by the Tribal Court, the Tribal Court may determine the diminution in rental value of the premises due to the defective condition and shall render judgment against the landlord for the rent paid in excess of such diminished rental value from the time of notice of such defect to the time of decision and any costs of repair done pursuant to CTC 12.10.090 for which no deduction has been previously made. Such decisions may be enforced as other judgments at law and shall be available to the tenant as a set-off against any existing or subsequent claims of the landlord.
The Tribal Court may also authorize the tenant to make or contract to make further corrective repairs; provided, that the Court specifies a time period in which the landlord may make such repairs before the tenant may commence or contract for such repairs; provided further, that the cost of such repairs shall not exceed $250.00.
B. The tenant shall not be obligated to pay rent in excess of the diminished rental value of the premises until such defect or defects are corrected by the landlord or until the Tribal Court determines otherwise. [Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.110.]
12.10.110 Substandard and dangerous conditions.
The Business Committee finds that some tenants live in residences that are substandard and dangerous to their health and safety and that the repair and deduct remedies of CTC 12.10.090 may not be adequate to remedy substandard and dangerous conditions. Therefore, an extraordinary remedy is necessary if the conditions substantially endanger or impair the health and safety of the tenant. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.120(a).]
12.10.120 Substandard and dangerous conditions – Notice.
A. 1. If a landlord fails to fulfill any substantial obligation imposed by CTC 12.10.030 that substantially endangers or impairs the health or safety of a tenant, including: (a) structural members that are of insufficient size or strength to carry imposed loads with safety; (b) exposure of the occupants to the weather; (c) plumbing and sanitation defects that directly expose the occupants to the risk of illness or injury; (d) lack of water, including hot water; (e) heating or ventilation systems that are not functional or are hazardous; (f) defective, hazardous, or missing electrical wiring or electrical service; (g) defective or inadequate exits that increase the risk of injury to occupants; and (h) conditions that increase the risk of fire, the tenant shall give notice in writing to the landlord, specifying the conditions, acts, omissions, or violations. Such notice shall be sent to the landlord or to the person or place where rent is normally paid.
2. If after receipt of the notice described in subsection (A)(1) of this section the landlord fails to remedy the condition or conditions within a reasonable amount of time under CTC 12.10.040, the tenant may request that the Business Committee provide for an inspection of the premises with regard to the specific condition or conditions that exist as provided in subsection (A)(1) of this section. The Business Committee shall have an appropriate official, or may designate a public or disinterested private person or company capable of conducting the inspection and making the certification, conduct an inspection of the specific condition or conditions listed by the tenant, and shall not inspect nor be liable for any other condition or conditions of the premises. The purpose of this inspection is to verify, to the best of the inspector’s ability, whether the tenant’s listed condition or conditions exist and substantially endanger the tenant’s health or safety under subsection (A)(1) of this section; the inspection is for the purposes of this private civil remedy, and therefore shall not be related to any other Tribal function such as enforcement of any code, ordinance, or other law.
3. The official designated by the Business Committee after receiving the request from the tenant to conduct an inspection under this subsection shall conduct the inspection and make any certification within a reasonable amount of time not more than five days from the date of receipt of the request. The designated official may enter the premises at any reasonable time to do the inspection; provided, that he or she first shall display proper credentials and request entry. The designated official shall, whenever practicable taking into consideration the imminence of any threat to the tenant’s health or safety, give the landlord at least 24 hours’ notice of the date and time of inspection and provide the landlord with an opportunity to be present at the time of the inspection. The landlord shall have no power or authority to prohibit entry for the inspection.
4. The designated official shall certify whether the condition(s) specified by the tenant do exist and do make the premises substantially unfit for human habitation or can be a substantial risk to the health and safety of the tenant as described in CTC 12.10.110. The certification shall be provided to the tenant, and a copy shall be included by the tenant with the notice sent to the landlord under subsection B of this section. The certification may be appealed to the Tribal Court, but the appeal shall not delay or preclude the tenant from proceeding with the escrow under this subsection.
5. The tenant shall not be entitled to deposit rent in escrow pursuant to this subsection unless the tenant first makes a good faith determination that he or she is unable to repair the conditions described in the certification issued pursuant to subsection (A)(4) of this subsection through use of the repair remedies authorized by CTC 12.10.090.
6. If the designated official certifies that the condition(s) specified by the tenant exist, the tenant shall then either pay the periodic rent due to the landlord or deposit all periodic rent then called for in the rental agreement and all rent thereafter called for in the rental agreement into an account maintained by the Tribe. These depositories are hereinafter referred to as “escrow.” The tenant shall notify the landlord in writing of the deposit by mailing the notice postage prepaid by first class mail or by delivering the notice to the landlord promptly but not more than 24 hours after the deposit.
7. This subsection, when elected as a remedy by the tenant by sending the notice under subsection B of this section, shall be the exclusive remedy available to the tenant regarding defects described in the certification under subsection (A)(4) of this section; provided, that the tenant may simultaneously commence or pursue all action in Tribal Court to determine past, present, or future diminution in rental value of the premises due to any defective conditions.
B. The notice to the landlord of the rent escrow under this subsection shall be a sworn statement by the tenant in substantially the following form:
NOTICE TO LANDLORD OF RENT ESCROW
Name of tenant:
Name of landlord:
Name and address of escrow:
Date of deposit of rent into escrow:
Amount of rent deposited into escrow:
The following condition has been certified by a local building official to substantially endanger, impair, or affect the health or safety of a tenant:
That written notice of the conditions needing repair was provided to the landlord on _____, and _____ days have elapsed and the repairs have not been made.
______________________________
(Sworn Signature)
[Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code §§ 10.2.1.120(b), (c).]
12.10.130 Substandard and dangerous conditions – Escrow account.
A. The Tribe shall place all rent deposited in separate rent escrow account in the name of the Tribe in a bank or savings and loan association domiciled in the State of Washington. The Tribe shall keep in a separate docket an account of each deposit, with the name and address of the tenant and the name and address of the landlord and of the agent, if any.
B. 1. A landlord who receives notice that the rent due has been deposited with the Tribe pursuant to subsection A of this section may:
a. Apply to the Tribe for release of the funds after the official designated by the Business Committee certifies that the repairs to the conditions listed in the notice under CTC 12.10.120(B) have been properly made. The Tribe shall release the funds to the landlord less any escrow costs for which the tenant is entitled to reimbursement pursuant to this subsection, immediately upon written receipt of the certification that the repairs to the conditions listed in the notice under CTC 12.10.120(B) have been properly completed;
b. File an action with the Tribal Court and apply to the Court for release of the rent on the grounds that the tenant did not comply with the notice requirement of CTC 12.10.120(A) or (B). When an action is filed under this subsection, the landlord may apply to the Tribal Court for an order directing the defendant to appear and show cause why an order releasing the rent should not be issued, and the judge shall by order fix a time and place for a hearing of said motion, which shall not be less than six nor more than 12 days from the service of said order upon the defendant. A copy of said order, together with a copy of the summons and complaint, shall be served on the defendant. The order shall notify the defendant that if he or she fails to appear and show cause at the time, date, and place specified by the order, the Court may order the Tribe to release the rent to the plaintiff and may grant such other relief as prayed for in the complaint;
c. File an action with the Tribal Court and apply to the Court for release of the rent on the grounds that there was no violation of any obligation imposed upon the landlord or that the condition has been remedied;
d. If the tenant has vacated the premises or if the landlord has failed to commence an action with the Tribal Court for release of the funds within 60 days after rent is deposited in escrow, the tenant may file an action to determine how and when any rent deposited in escrow shall be released or disbursed. The landlord shall not commence an unlawful detainer action for nonpayment of rent by serving or filing a summons and complaint if the tenant initially pays the rent called for in the rental agreement that is due into escrow as provided for under this subsection on or before the date rent is due or on or before the expiration of a three-day notice to pay rent or vacate and continues to pay the rent into escrow as the rent becomes due or prior to the expiration of a three-day notice to pay rent or vacate; provided, that the landlord shall not be barred from commencing an unlawful detainer action for nonpayment of rent if the amount of rent that is paid into escrow is less than the amount of rent agreed upon in the rental agreement between the parties.
2. The tenant shall be named as a party to any action filed by the landlord under this subsection, and shall have the right to file an answer and counterclaim although any counterclaim shall be dismissed without prejudice if the Tribal Court determines that the tenant failed to follow the notice requirements contained in this subsection. Any counterclaim can only claim diminished rental value related to conditions specified by the tenant in the notice required under CTC 12.10.120(B). This limitation on the tenant’s right to counterclaim shall not affect the tenant’s right to bring his or her own separate action. A trial shall be held within 60 days of the date of filing of the landlord’s or tenant’s complaint.
3. The tenant shall be entitled to reimbursement of any escrow costs or fees incurred for setting up or maintaining an escrow account pursuant to this subsection, unless the tenant did not comply with the notice requirements of CTC 12.10.120(A) or (B). Any escrow fees that are incurred for which the tenant is entitled to reimbursement shall be deducted from the rent deposited in escrow and remitted to the tenant at such time as any rent is released to the landlord. The prevailing party in any court action brought under this subsection may also be awarded its costs and reasonable attorneys’ fees.
4. If a court determines a diminished rental value of the premises, the tenant may pay the rent due based on the diminished value of the premises into escrow until the landlord makes the necessary repairs.
C. 1. If a landlord brings an action for the release of rent deposited, the Court may, upon application of the landlord, release part of the rent on deposit for payment of the debt service on the premises, the insurance premiums for the premises, utility services, and repairs to the rental unit.
2. In determining whether to release rent for the payments described in subsection A of this section, the Court shall consider the amount of rent the landlord receives from other rental units in the buildings of which the residential premises are a part, the cost of operating those units, and the costs that may be required to remedy the condition contained in the notice. The Court shall also consider whether the expenses are due or have already been paid, whether the landlord has other financial resources, or whether the landlord or tenant will suffer irreparable damage. The Court may request the landlord to provide additional security, such as a bond, prior to authorizing release of any of the funds in escrow. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code §§ 10.2.1.120(d) – (f).]
12.10.140 Defective conditions – Unfeasible to remedy defect – Termination of tenancy.
If the Tribal Court determines a defective condition as described in CTC 12.10.030 to be so substantial that it is unfeasible for the landlord to remedy the defect within the time allotted by CTC 12.10.040, and that the tenant should not remain in the dwelling unit in its defective condition, the Court may authorize the termination of the tenancy; provided, that the Court shall set a reasonable time for the tenant to vacate the premises. [Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.130.]
12.10.150 Duties of tenant.
Each tenant shall pay the rental amount at such time and in such amounts as provided for in the rental agreement or as otherwise provided by law and comply with all obligations imposed upon tenants by applicable provisions of law and in addition shall:
A. Keep that part of the premises which he or she occupies and uses as clean and sanitary as the conditions of the premises permit;
B. Properly dispose from his or her dwelling unit all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by the tenant;
C. Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the landlord;
D. Not intentionally or negligently destroy, deface, damage, impair, or remove any part of the structure or dwelling, with the appurtenances thereto, including the facilities, equipment, furniture, furnishings, and appliances, or permit any member of his or her family, invitee, licensee, or any person acting under his or her control to do so. Violations may be prosecuted under CTC 4.15.010 (arson) or 4.15.120 (vandalism) if the destruction is intentional and malicious;
E. Not permit a nuisance or common waste;
F. Not engage in drug-related activity at the rental premises, or allow a subtenant, sublessee, resident, or anyone else to engage in drug-related activity at the rental premises. “Drug-related activity” means that activity that constitutes a violation of Chapter 4.45 CTC.
G. Maintain the smoke detection device in accordance with the manufacturer’s recommendations, including the replacement of batteries where required for the proper operation of the smoke detection device, as required in CTC 12.10.400;
H. Not engage in any activity at the rental premises that is imminently hazardous to the physical safety of other persons on the premises and:
1. Entails physical assaults upon another person that result in an arrest; or
2. Entails the unlawful use of a firearm or other deadly weapon that results in an arrest, including threatening another tenant or the landlord with a firearm or other deadly weapon under CTC 12.10.370. Nothing in this subsection H shall authorize the termination of tenancy and eviction of the victim of a physical assault or the victim of the use or threatened use of a firearm or other deadly weapon; and
I. Upon termination and vacation, restore the premises to their initial condition except for reasonable wear and tear or conditions caused by failure of the landlord to comply with his or her obligations under this chapter; provided, that the tenant shall not be charged for normal cleaning if he or she has paid a nonrefundable cleaning fee. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.140.]
12.10.160 Reasonable obligations or restrictions – Tenant’s duty to conform.
The tenant shall conform to all reasonable obligations or restrictions, whether denominated by the landlord as rules, rental agreement, rent, or otherwise, concerning the use, occupation, and maintenance of his or her dwelling unit, appurtenances thereto, and the property of which the dwelling unit is a part if such obligations and restrictions are not in violation of any of the terms of this chapter and are not otherwise contrary to law, and if such obligations and restrictions are brought to the attention of the tenant at the time of his or her initial occupancy of the dwelling unit and thus become part of the rental agreement. Except for termination of tenancy, after 30 days’ written notice to each affected tenant, a new rule of tenancy including a change in the amount of rent may become effective upon completion of the term of the rental agreement or sooner upon mutual consent. [Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.150.]
12.10.170 Landlord’s right of entry – Purposes – Conditions.
A. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
B. The landlord may enter the dwelling unit without consent of the tenant in case of emergency or abandonment.
C. The landlord shall not abuse the right of access or use it to harass the tenant. Except in the case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days’ notice of his or her intent to enter and shall enter only at reasonable times. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit at a specified time where the landlord has given at least one day’s notice of intent to enter to exhibit the dwelling unit to prospective or actual purchasers or tenants. A landlord shall not unreasonably interfere with tenant’s enjoyment of the rented dwelling unit by excessively exhibiting the dwelling unit.
D. The landlord has no other right of access except by Tribal Court order, or by consent of the tenant.
E. A landlord or tenant who continues to violate this section after being served with one written notification alleging in good faith violations of this section listing the date and time of the violation shall be liable for up to $100.00 for each violation after receipt of the notice. The prevailing party may recover costs of the suit under this section, and may also recover reasonable attorneys’ fees. [Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.160.]
12.10.180 Landlord’s remedies if tenant fails to remedy defective condition.
If, after receipt of written notice as provided in CTC 12.10.200, the tenant fails to remedy the defective condition within a reasonable time, the landlord may:
A. Bring an action in Tribal Court for any remedy provided under this chapter or otherwise provided by law; or
B. Pursue other remedies available under this chapter. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.170.]
12.10.190 Landlord to give notice if tenant fails to carry out duties.
If at any time during the tenancy the tenant fails to carry out the duties required by CTC 12.10.150 or 12.10.160, the landlord may, in addition to pursuit of remedies otherwise provided by law, give written notice to the tenant of said failure, which notice shall specify the nature of the failure. [Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.180.]
12.10.200 Tenant’s failure to comply with duties – Landlord to give tenant written notice of noncompliance – Landlord’s remedies.
If the tenant fails to comply with any portion of CTC 12.10.150 or 12.10.160, and such noncompliance can affect the health and safety of the tenant or other tenants, or substantially increase the hazards of fire or accident that can be remedied by repair, replacement of a damaged item, or cleaning, the tenant shall comply within 30 days after written notice by the landlord specifying the noncompliance or, in the case of emergency, as promptly as conditions require. If the tenant fails to remedy the noncompliance within that period, the landlord may enter the dwelling unit and cause the work to be done and submit an itemized bill of the actual and reasonable cost of repair, to be payable on the next date when periodic rent is due, or on terms mutually agreed to by the landlord and tenant, or immediately if the rental agreement has terminated. Any noncompliance by the tenant with CTC 12.10.150 or 12.10.160 shall constitute a ground for commencing an action of unlawful detainer in accordance with Chapter 12.15 CTC, Eviction Procedures, and a landlord may commence such action at any time after written notice pursuant to such chapter. The tenant shall have a defense to an unlawful detainer action filed solely on this ground if it is determined at the hearing authorized under the provisions of Chapter 12.15 CTC, Eviction Procedures, that the tenant is in substantial compliance with the provisions of this section, or if the tenant remedies the noncomplying condition within the 30-day period provided for above or any shorter period determined at the hearing to have been required because of an emergency; provided, that if the defective condition is remedied after the commencement of an unlawful detainer action, the tenant may be liable to the landlord for statutory costs and reasonable attorneys’ fees.
If drug-related criminal activity or other criminal activity that imminently threatens health, safety, or the right to peaceable enjoyment of neighboring properties is alleged to be a basis for termination of tenancy under CTC 12.10.150(F), the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action.
If activity on the premises that creates an imminent hazard to the physical safety of other persons on the premises as defined in CTC 12.10.150(H) is alleged to be the basis for termination of the tenancy, and the tenant is arrested as a result of this activity, then the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action against the tenant who was arrested for this activity.
A landlord may not be held liable in any cause of action for bringing an unlawful detainer action against a tenant for drug-related activity or for creating an imminent hazard to the physical safety of others under this section if the unlawful detainer action was brought in good faith. Nothing in this section shall affect a landlord’s liability to pay damages sustained by the tenant should the writ of restitution be wrongfully sued out. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.190.]
12.10.210 Notice to tenant to remedy nonconformance.
Whenever the landlord learns of a breach of CTC 12.10.150 or has accepted performance by the tenant that is at variance with the terms of the rental agreement or rules enforceable after the commencement of the tenancy, he or she may immediately give notice to the tenant to remedy the nonconformance. Said notice shall expire after 60 days unless the landlord pursues any remedy under this chapter. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.200.]
12.10.220 Tenancy from month to month or for rental period – Termination – Exclusion of children or conversion to condominium – Notice.
A. When premises are rented for an indefinite time, with monthly or other periodic rent reserved, such tenancy shall be construed to be a tenancy from month to month, or from time period to period on which rent is payable, and shall be terminated by written notice of 20 days or more preceding the end of any of said months or periods, given by either party to the other.
B. Whenever a landlord plans to change any apartment or apartments to a condominium form of ownership or plans to change to a policy of excluding children, the landlord shall give a written notice to a tenant at least 90 days before termination of the tenancy to effectuate such change in policy. Such 90-day notice shall be in lieu of the notice required by subsection A of this section; provided, that if after giving the 90-day notice the change in policy is delayed, the notice requirements of subsection A of this section shall apply unless waived by the tenant. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.210.]
12.10.230 Tenancies from year to year abolished except under written contract.
Tenancies from year to year are hereby abolished except when the same are created by express written contract. Leases may be in writing or print, or partly in writing and partly in print, and shall be legal and valid for any term or period not exceeding one year, without acknowledgment, witnesses or seals. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.220.]
12.10.240 Termination of tenancy for a specified time.
In all cases where premises are rented for a specified time by express or implied contract, the tenancy shall be deemed terminated at the end of such specified time. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.230.]
12.10.250 Waiver of chapter provisions prohibited – Provisions prohibited from rental agreement – Distress for rent abolished – Detention of personal property for rent – Remedies.
A. Any provision of a lease or other agreement, whether oral or written, whereby any section or subsection of this chapter is waived except as provided in CTC 12.10.400, shall be deemed against public policy and shall be unenforceable. Such unenforceability shall not affect other provisions of the agreement that can be given effect without them.
B. No rental agreement may provide that the tenant:
1. Agrees to waive or to forgo rights or remedies under this chapter; or
2. Authorizes any person to confess judgment on a claim arising out of the rental agreement; or
3. Agrees to pay the landlord’s attorneys’ fees, except as authorized in this chapter; or
4. Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.
C. A provision prohibited by subsection B of this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by him or her to be prohibited, the tenant may recover actual damages sustained by him or her and reasonable attorneys’ fees.
D. Any provision in a rental agreement creating a lien upon the personal property of the tenant or authorizing a distress for rent is null and void and of no force and effect. Any landlord who takes or detains the personal property of a tenant without the specific written consent of the tenant to such incident of taking or detention, and who, after written demand by the tenant for the return of his or her personal property, refuses to return the same promptly shall be liable to the tenant for the value of the property retained, actual damages, and if the refusal is intentional, may also be liable for damages of up to $100.00 per day but not to exceed $1,000, for each day or part of a day that the tenant is deprived of his property. The prevailing party may recover his or her costs of suit and a reasonable attorney’s fee.
E. In any action brought by a tenant or other person to recover possession of his or her personal property taken or detained by a landlord in violation of this section, the Court, upon motion and after notice to the opposing parties, may waive or reduce any bond requirements where it appears to the satisfaction of the Court that the moving party is proceeding in good faith and has, prima facie, a meritorious claim for immediate delivery or redelivery of said property. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.240.]
12.10.260 Reprisals or retaliatory actions by landlord – Prohibited.
So long as the tenant is in compliance with this chapter, the landlord shall not take or threaten to take reprisals or retaliatory action against the tenant because of any good faith and lawful:
A. Complaints or reports by the tenant to a Tribal authority concerning the failure of the landlord to substantially comply with any code, ordinance, or regulation governing the maintenance or operation of the premises, if such condition may endanger or impair the health or safety of the tenant; or
B. Assertions or enforcement by the tenant of his or her rights and remedies under this chapter. “Reprisals or retaliatory action” shall mean and include but not be limited to any of the following actions by the landlord when such actions are intended primarily to retaliate against a tenant because of the tenant’s good faith and lawful act:
1. Eviction of the tenant;
2. Increasing the rent required of the tenant;
3. Reduction of services to the tenant; and
4. Increasing the obligations of the tenant. [Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.250.]
12.10.270 Reprisals or retaliatory actions by landlord – Presumptions – Rebuttal – Costs.
Initiation by the landlord of any action listed in CTC 12.10.260 within 90 days after a good faith and lawful act by the tenant as enumerated in CTC 12.10.260, or within 90 days after any inspection or proceeding of a Tribal agency resulting from such act, shall create a rebuttable presumption affecting the burden of proof that the action is a reprisal or retaliatory action against the tenant; provided, that if at the time the landlord gives notice of termination of tenancy pursuant to Chapter 12.15 CTC, Eviction Procedures, the tenant is in arrears in rent or in breach of any other lease or rental obligation, there is a rebuttable presumption affecting the burden of proof that the landlord’s action is neither a reprisal nor retaliatory action against the tenant; provided further, that if the Court finds that the tenant made a complaint or report to a Tribal authority within 90 days after notice of a proposed increase in rent or other action in good faith by the landlord, there is a rebuttable presumption that the complaint or report was not made in good faith; provided further, that no presumption against the landlord shall arise under this section with respect to an increase in rent if the landlord, in a notice to the tenant of increase in rent, specifies reasonable grounds for said increase, which grounds may include a substantial increase in market value due to remedial action under this chapter; provided further, that the presumption of retaliation, with respect to an eviction, may be rebutted by evidence that it is not practical to make necessary repairs while the tenant remains in occupancy. In any action or eviction proceeding where the tenant prevails upon his or her claim or defense that the landlord has violated this section, the tenant shall be entitled to recover his or her costs of suit including a reasonable attorney’s fee, and where the landlord prevails upon his or her claim, he or she shall be entitled to recover his or her costs of suit, including a reasonable attorney’s fee; provided further, that neither party may recover attorneys’ fees to the extent that their legal services are provided at no cost to them. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.260.]
12.10.280 Deposit to secure occupancy by tenant – Landlord’s duties – Violation.
A. It shall be unlawful for a landlord to require a fee from a prospective tenant for the privilege of being placed on a waiting list to be considered as a tenant for a dwelling unit.
B. A landlord who charges a prospective tenant a fee or deposit to secure that the prospective tenant will move into a dwelling unit, after the dwelling unit has been offered to the prospective tenant, must provide the prospective tenant with a receipt for the fee or deposit, together with a written statement of the conditions, if any, under which the fee or deposit is refundable. If the prospective tenant does occupy the dwelling unit, then the landlord must credit the amount of the fee or deposit to the tenant’s first month’s rent or to the tenant’s security deposit. If the prospective tenant does not occupy the dwelling unit, then the landlord may keep up to the full amount of any fee or deposit that was paid by the prospective tenant to secure the tenancy, so long as it is in accordance with the written statement of conditions furnished to the prospective tenant at the time the fee or deposit was charged. A fee charged to secure a tenancy under this subsection does not include any cost charged by a landlord to use a tenant screening service or obtain background information on a prospective tenant.
C. In any action brought for a violation of this section a landlord may be liable for the amount of the fee or deposit charged. In addition, any landlord who violates this section may be liable to the prospective tenant for an amount not to exceed $100.00. The prevailing party may also recover court costs and a reasonable attorneys’ fee. [Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.270.]
12.10.290 Screening of tenants – Costs – Notice to tenant – Violation.
A. If a landlord uses a tenant screening service, then the landlord may only charge for the costs incurred for using the tenant screening service under this subsection. If a landlord conducts his or her own screening of tenants, then the landlord may charge his or her actual costs in obtaining the background information, but the amount may not exceed the customary costs charged by a screening service in the general area. The landlord’s actual costs include costs incurred for long-distance phone calls and for time spent calling landlords, employers, and financial institutions.
B. A landlord may not charge a prospective tenant for the cost of obtaining background information under this section unless the landlord first notifies the prospective tenant in writing of what tenant screening entails, the prospective tenant’s rights to dispute the accuracy of information provided by the tenant screening service or provided by the entities listed on the tenant application who will be contacted for information concerning the tenant, and the name and address of the tenant screening service used by the landlord.
C. Nothing in this section requires a landlord to disclose information to a prospective tenant that was obtained from a tenant screening service or from entities listed on the tenant application that is not required under the Federal Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq.
D. Any landlord who violates this section may be liable to the prospective tenant for an amount not to exceed $100.00. The prevailing party may also recover court costs and reasonable attorneys’ fees. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.280.]
12.10.300 Monies paid as deposit or security for performance by tenant – Written rental agreement to specify terms and conditions for retention by landlord – Written checklist required.
If any monies are paid to the landlord by the tenant as a deposit or as security for performance of the tenant’s obligations in a lease or rental agreement, the lease or rental agreement shall be in writing and shall include the terms and conditions under which the deposit or portion thereof may be withheld by the landlord upon termination of the lease or rental agreement. If all or part of the deposit may be withheld to indemnify the landlord for damages to the premises for which the tenant is responsible, the rental agreement shall be in writing and shall so specify. No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the commencement of the tenancy. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement. No such deposit shall be withheld on account of normal wear and tear resulting from ordinary use of the premises. [Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.290.]
12.10.310 Monies paid as deposit or security for performance by tenant – Deposit by landlord in trust account – Receipt – Claims.
All monies paid to the landlord by the tenant as a deposit as security for performance of the tenant’s obligations in a lease or rental agreement shall promptly be deposited by the landlord in a trust account, maintained by the landlord for the purpose of holding such security deposits for tenants of the landlord, in a bank, savings and loan association, mutual savings bank, or licensed escrow agent located in the State of Washington. Unless otherwise agreed in writing, the landlord shall be entitled to receipt of interest paid on such trust account deposits. The landlord shall provide the tenant with a written receipt for the deposit and shall provide written notice of the name and address and location of the depository and any subsequent change thereof. If during a tenancy the status of landlord is transferred to another, any sums in the deposit trust account affected by such transfer shall simultaneously be transferred to an equivalent trust account of the successor landlord, and the successor landlord shall promptly notify the tenant of the transfer and of the name, address and location of the new depository. The tenant’s claim to any monies paid under this section shall be prior to that of any creditor of the landlord, including a trustee in bankruptcy or receiver, even if such monies are commingled. [Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.300.]
12.10.320 Monies paid as deposit or security for performance by tenant – Statement and notice of basis for retention – Remedies for landlord’s failure to make refund.
Within 14 days after the termination of the rental agreement and vacation of the premises or, if the tenant abandons the premises as defined in CTC 12.10.360 within 14 days after the landlord learns of the abandonment, the landlord shall give a full and specific statement of the basis for retaining any of the deposit together with payment of any refund due the tenant under the terms and conditions of the rental agreement. No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the premises. The landlord complies with this section if the required statement or payment, or both, are deposited in the United States mail properly addressed with first-class postage prepaid within the 14 days.
The notice shall be delivered to the tenant personally or by mail to his last known address. If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above, he shall be liable to the tenant for the full amount of the deposit. The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the deposit unless the landlord shows that circumstances beyond the landlord’s control prevented the landlord from providing the statement within the 14 days or that the tenant abandoned the premises as defined in CTC 12.10.360. The Tribal Court may in its discretion award up to two times the amount of the deposit for the intentional refusal of the landlord to give the statement or refund due. In any action brought by the tenant to recover the deposit, the prevailing party shall additionally be entitled to the cost of suit including a reasonable attorney’s fee.
Nothing in this chapter shall preclude the landlord from proceeding against, and the landlord shall have the right to proceed against, a tenant to recover sums exceeding the amount of the tenant’s damage or security deposit for damage to the property for which the tenant is responsible together with reasonable attorneys’ fees. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.310.]
12.10.330 Nonrefundable fees not to be designated as deposit – Written rental agreement required.
No monies paid to the landlord that are nonrefundable may be designated as a deposit or as part of any deposit. If any monies are paid to the landlord as a nonrefundable fee, the rental agreement shall be in writing and shall clearly specify that the fee is nonrefundable. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.320.]
12.10.340 Removal or exclusion of tenant from premises – Holding over or excluding landlord from premises after termination date.
A. It shall be unlawful for the landlord to remove or exclude from the premises the tenant thereof except under a Tribal Court order so authorizing. Any tenant so removed or excluded in violation of this subsection may recover possession of the property or terminate the rental agreement and, in either case, may recover the actual damages sustained. The prevailing party may recover the costs of suit and reasonable attorneys’ fees.
B. It shall be unlawful for the tenant to hold over in the premises or exclude the landlord therefrom after the termination of the rental agreement except under a valid Tribal Court order so authorizing. Any landlord so deprived of possession of premises in violation of this subsection may recover possession of the property and damages sustained by him, and the prevailing party may recover his costs of suit and reasonable attorneys’ fees. [Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.330.]
12.10.350 Termination of tenant’s utility service – Tenant causing loss of landlord-provided utility services.
It shall be unlawful for a landlord to intentionally cause termination of any of his or her tenant’s utility services, including water, heat, electricity, or gas, except for an interruption of utility services for a reasonable time in order to make necessary repairs. Any landlord who violates this section may be liable to such tenant for his actual damages sustained by him or her, and up to $100.00 for each day or part thereof the tenant is thereby deprived of any utility service, and the prevailing party may recover his or her costs of suit and a reasonable attorney’s fee. It shall be unlawful for a tenant to intentionally cause the loss of utility services provided by the landlord, including water, heat, electricity or gas, except as resulting from the normal occupancy of the premises. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.340.]
12.10.360 Default in rent – Abandonment – Liability of tenant – Landlord’s remedies – Sale of tenant’s property by landlord.
A. If the tenant defaults in the payment of rent and reasonably indicates by words the intention not to resume tenancy, or fails to occupy the premises without notice to the landlord for a period in excess of 14 days after the default, the tenant shall be liable for the following for abandonment; provided, that upon learning of such abandonment of the premises the landlord shall make a reasonable effort to mitigate the damages resulting from abandonment:
1. When the tenancy is month-to-month, the tenant shall be liable for the rent for the 30 days following either the date the landlord learns of the abandonment, or the date the next regular rental payment would have become due, whichever first occurs.
2. When the tenancy is for a term greater than month-to-month, the tenant shall be liable for the lesser of the following:
a. The entire rent due for the remainder of the term; or
b. All rent accrued during the period reasonably necessary to re-rent the premises at a fair rental, plus the difference between such fair rental and the rent agreed to in the prior agreement, plus actual costs incurred by the landlord in re-renting the premises together with statutory court costs and reasonable attorneys’ fees.
B. In the event of abandonment of tenancy and an accompanying default in the payment of rent by the tenant, the landlord may immediately enter and take possession of any property of the tenant found on the premises and may store the same in any reasonably secure place. A landlord shall make reasonable efforts to provide the tenant with a notice containing the name and address of the landlord and the place where the property is stored and informing the tenant that a sale or disposition of the property shall take place pursuant to this subsection, and the date of the sale or disposal and further informing the tenant of the right to have the property returned prior to its sale or disposal. The landlord’s efforts at notice under this subsection shall be satisfied by the mailing by first-class mail, postage prepaid, of such notice to the tenant’s last known address and to any other address provided in writing by the tenant or actually known to the landlord where the tenant might receive notice. Property 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 disposed of or sold by the landlord in accordance with this subsection. In the event that personal property is not retrieved by the tenant within 20 days after the date the notice was delivered or mailed to the tenant, 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 at least five days prior to said auction. 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 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. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.350.]
12.10.370 Threatening behavior by tenant – Termination of agreement – Written notice – Financial obligations.
If a tenant notifies the landlord that he or she or another tenant who shares that particular dwelling unit has been threatened by another tenant, and:
A. The threat was made with a firearm or other deadly weapon; and
B. The tenant who made the threat is arrested as a result of the threatening behavior; and
C. The landlord fails to file an unlawful detainer action against the tenant who threatened another tenant within seven calendar days after receiving notice of the arrest from a law enforcement agency;
then the tenant who was threatened may terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement.
A tenant who terminates a rental agreement under this subsection is discharged from payment of rent for any period following the quitting date, and is entitled to a pro rata refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with CTC 12.10.320.
Nothing in this section shall be construed to require a landlord to terminate a rental agreement or file an unlawful detainer action. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.360.]
12.10.380 Threatening behavior by landlord – Termination of agreement – Financial obligations.
If a tenant is threatened by the landlord with a firearm, and the threat leads to an arrest of the landlord, then the tenant may terminate the rental agreement and quit the premises without further obligation under the rental agreement. The tenant is discharged from payment of rent for any period following the quitting date, and is entitled to a pro rata refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with CTC 12.10.320. [Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.370.]
12.10.390 Threatening behavior – Violation of order for protection – Termination of agreement – Financial obligation.
If a tenant notifies the landlord in writing that:
A. He or she has a valid order for protection; and
B. The person to be restrained has violated the order since the tenant occupied the dwelling unit; and
C. The tenant has notified the sheriff of the county in which the tenant resides or the Tribal Police officers of the violation; and
D. A copy of the order for protection is available for the landlord;
then the tenant may terminate the rental agreement and quit the premises without further obligation under the rental agreement. A tenant who terminates a rental agreement under this section is discharged from the payment of rent for any period following the quitting date, and is entitled to a pro rata refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with CTC 12.10.320. [Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.380.]
12.10.400 Smoke detection devices in dwelling units – Penalty.
A. Smoke detection devices shall be installed inside all dwelling units:
1. Occupied by persons other than the owner; or
2. Built or manufactured after December 31, 1980.
B. The smoke detection devices shall be designed, manufactured, and installed inside dwelling units in conformance with nationally accepted standards.
C. Installation of smoke detection devices shall be the responsibility of the owner. Maintenance of smoke detection devices, including the replacement of batteries where required for the proper operation of the smoke detection device, shall be the responsibility of the tenant, who shall maintain the device as specified by the manufacturer. At the time of a vacancy, the owner shall ensure that the smoke detection device is operational prior to the reoccupancy of the dwelling unit.
D. Any owner or tenant failing to comply with this section shall be punished by a fine of not more than $200.00.
E. For the purposes of this section:
1. “Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation; and
2. “Smoke detection device” means an assembly incorporating in one unit a device that detects visible or invisible particles of combustion, the control equipment, and the alarm-sounding device, operated from a power supply either in the unit or obtained at the point of installation. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.390.]
12.10.410 Exemptions.
A. A landlord and tenant may agree, in writing, to exempt themselves from the provisions of CTC 12.10.030, 12.10.090, 12.10.100, 12.10.110, 12.10.120, 12.10.130, 12.10.140, 12.10.150 and 12.10.210 if the following conditions have been met:
1. The agreement may not appear in a standard form lease or rental agreement;
2. There is no substantial inequality in the bargaining position of the two parties;
3. The exemption does not violate the public policy of this Tribe in favor of ensuring safe and sanitary housing; and
4. Either the Business Committee or a designated official or the attorney for the tenant has approved in writing the application for exemption as complying with subsections (A)(1) through (A)(3) of this section.
B. If the agreement entered into is a mutual help and occupancy agreement or other similar arrangement with an Indian housing authority whereby the tenant may, on certain conditions, obtain ownership of the occupied property at the end of the occupancy under the agreement, and the terms of the agreement are inconsistent with the rights and duties imposed by this chapter, then the terms of the agreement shall govern. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1995-10. Prior code § 10.2.1.400.]