Chapter 6.25
LANDLORD AND TENANT ORDINANCE
Sections:
6.25.010 Short title, purpose and scope.
6.25.030 Self-help remedies forbidden.
6.25.040 Notices – How served.
6.25.060 Complaint – Commencement of an action – Summons.
6.25.070 Pleading by respondent.
6.25.110 Holding over on agricultural land, effect of.
6.25.120 Enforcement of Court orders.
6.25.140 Appeal, stay and bond.
6.25.160 Proof in forcible entry and detainer.
6.25.170 Forcible entry and detainer – Penalty.
6.25.180 Relief against forfeiture.
6.25.200 Nonwaiver of sovereign immunity.
6.25.210 Attorneys fees and costs.
6.25.010 Short title, purpose and scope.
(1) This chapter shall be known as the “Landlord and Tenant Ordinance” of the Tulalip Tribes.
(2) The Tulalip Board of Directors hereby finds that efficient and clear eviction procedures are necessary to promote the peace, safety and general welfare of the Tulalip Reservation, and for all lands whether within or without the Tulalip Reservation over which the Tribes has jurisdiction. It is important, therefore, to provide landowners with:
(a) Consistent standards for eviction methods and remedies to maintain their property ownership;
(b) To provide protections in the form of procedures and methods to the tenant when eviction is necessary;
(c) To reduce the potential for self-help remedies, which can be harmful when eviction is inevitable; and
(d) To provide remedies in the Court when eviction is necessary.
(e) Further, it is necessary to provide for such procedures allowable under Chapter 6.10 TTC.
(3) This chapter shall apply to landlords and tenants of residential or commercial property, whether members of the Tribes or nonmembers, within or without the exterior boundaries of the Reservation over which the Tribes has jurisdiction and post foreclosure actions pursuant to Chapter 6.10 TTC. [Res. 2013-561; Ord. 50 § 1.1, 8-5-2011 (Res. 2011-309)].
6.25.020 Definitions.
(1) “Court” means the Tulalip Tribal Court as established by TTC Title 2.
(2) “Ejectment” means an action in which a person or party is residing in the home or in possession of the property without any authority or binding agreement and is judicially removed from the home after a show cause hearing.
(3) “First class mail” means mail that includes letters, postcards and packages sealed against inspection and does not include certified or registered mail, or any other form of mail that may delay or hinder actual delivery of mail to the recipient.
(4) “Forcible detainer” means a person who by force, or menace and threats of violence, unlawfully holds and keeps possession of any real property, whether same was acquired peaceably or otherwise.
(5) “Forcible entry” means a person who:
(a) Breaks open or by any other type of unauthorized opening of the doors, windows, or other parts of a house or other residential dwelling or by fraud, intimidation or stealth, or by any kind of violence or circumstances of terror, enters upon or into any real property; or
(b) After entering peaceably upon real property, takes possession of same property, by force or threats of force, from the party in actual possession.
(6) Gender (Singular or Plural). Reference to persons by terms denoting one sex shall be taken as referring to the other sex. Reference to persons by a term denoting the singular shall include the plural.
(7) “Lessor” means any person or entity that has an interest in real property which has been leased or rented to another.
(8) “Notice to quit” means the process required before Court proceedings are commenced.
(9) “Nuisance” means the maintenance on real property of a condition which:
(a) Unreasonably threatens the health or safety of the public or neighboring land users; or
(b) Unreasonably and substantially interferes with the ability of neighboring property users to enjoy reasonable use and occupancy of their property.
(10) “Subtenant” means someone who has the right to use and occupy rental property leased by a tenant from a landlord.
(11) “Tenant” means any person who occupies real property under a lease, rental agreement or other legal agreement with a lessor, as defined in this chapter.
(12) “Tribes” means the Tulalip Tribes.
(13) “Unlawful detainer” means when a tenant or other occupier of land for a period less than life shall continue to occupy real property under any of the following situations:
(a) After the expiration of the lease or other agreement; or
(b) When the tenancy is month to month and after having been served with notice more than 20 days prior to the end of such month; or
(c) After being given a notice to quit for one of the following reasons:
(i) After failing to pay rent due;
(ii) After violating the terms or covenants of the lease or agreement;
(iii) Commits or permits waste;
(iv) When he sets up or carries on an unlawful business on the property;
(v) When he creates a nuisance on the property; or
(vi) When he commits either a forcible entry or detainer and continues to remain on the property.
(14) “Unlawful detainer action” means a suit brought in the Tulalip Tribal Court to terminate a tenant’s interest in real property and/or to evict any person from the occupancy of real property.
(15) “Waste” means spoil or destruction by a tenant, or his or her invitee, of land, buildings, gardens, trees or other improvements that result in injury to the lessor’s interest.
(16) “Writ of restitution” means an order of the Tulalip Tribal Court:
(a) Restoring an owner or lessor to the possession of real property; and
(b) Evicting a tenant or other occupant therefrom. [Res. 2013-561; Ord. 50 § 1.2, 8-5-2011 (Res. 2011-309)].
6.25.030 Self-help remedies forbidden.
All self-help remedies to recover possession of real property are forbidden except in the case where a person in possession voluntarily surrenders or abandons such possession to the landlord or owner. [Ord. 50 § 1.3, 8-5-2011 (Res. 2011-309)].
6.25.032 Trustee sales.
An unlawful detainer action, commenced as a result of a trustee’s sale under Chapter 6.10 TTC, must conform to and be in accordance with the requirements set forth in RCW 61.24.040 and 61.24.060, as such sections of the RCW may hereafter be revised, replaced, or amended. [Res. 2013-561].
6.25.040 Notices – How served.
The notices required in this title shall be served on tenants and subtenants:
(1) By delivering a copy to the tenant personally; or
(2) If he is absent from his place of residence, or from his usual place of business, by leaving a copy with a person of suitable age and discretion at either place and sending a copy thereof by first class mail addressed to the tenant at his place of residence or place of business; or
(3) If such place of residence or business cannot be ascertained or a person of suitable age or discretion cannot be found there, then by fixing a copy in a conspicuous place on the property and also delivering a copy to a person there residing, if such person can be found, and also sending a copy by first class mail addressed to the tenant at the place where the property is situated. [Ord. 50 § 1.4, 8-5-2011 (Res. 2011-309)].
6.25.050 Notice to quit.
(1) When Notice to Quit Is Required. When a landlord desires to obtain possession of the premises after the tenant commits unlawful detainer, the landlord shall give a notice to quit to the adult tenants to quit possession of the premises according to the provisions of this section.
(2) Statement of Grounds. The notice to quit shall be addressed to the adult tenants of the premises, and the signer of the lease or rental agreement, and shall state the legally cognizable reason(s) for termination of the tenancy and the date by which the tenant is required to quit possession of the premises.
(3) Time Requirement for Notice. The notice to quit must be delivered within the following periods of time:
(a) For failure to pay rent, the tenant shall be given seven calendar days to quit or pay rent and other payments required by the agreement.
(b) For nuisance, serious injury to property or injury to persons, the tenant shall be given three calendar days to quit.
(c) In situations in which there is an emergency, such as fire or condition making the dwelling unsafe or uninhabitable, or in situations involving an imminent or serious threat to public health or safety, the notice to quit may be made in a period of time which is reasonable, given the situation.
(d) For all other situations, the tenant shall be given 14 calendar days.
(4) Serving the Notice to Quit. Any notice to quit must be in writing and must be served in the same manner as in TTC 6.25.040, Notices – How served.
(5) A notice to quit is not required for an ejection action. [Ord. 50 § 1.5, 8-5-2011 (Res. 2011-309)].
6.25.060 Complaint – Commencement of an action – Summons.
The complaint and summons to commence an action for unlawful detainer shall, in addition to those procedural requirements imposed by Court rule or under the general procedures for the commencement of an action in Court, comply with the following:
(1) The complaint shall be signed by the owner, lessor, agent or attorney and shall:
(a) State the name(s) and any known tribal affiliations of the parties;
(b) Describe the basis for the Court’s jurisdiction;
(c) State the facts on which recovery is based;
(d) State the legal basis for the wrong, injury, or breach;
(e) Describe the property so that it can be identified with reasonable certainty;
(f) State any claim for damages or compensation due from the person(s) to be evicted; and
(g) If the action is based on unpaid rent, then the amount unpaid to date shall be specified as well as the daily rate for continued possession.
(2) Commencement of an Action for Unlawful Detainer. If after the date set forth in the notice for the tenant to quit possession of the premises the tenant has not quit possession, the landlord may file a complaint in the Tribal Court for unlawful detainer and such other relief as the Court may deem just and proper. An action for unlawful detainer shall be commenced by filing a complaint with the Clerk of the Tribal Court. Upon filing the complaint the Clerk shall set a hearing date which shall not be more than 20 calendar days from the date of filing.
(3) Summons. Upon the filing of the complaint the Clerk of the Court shall issue a summons and the filing party shall be responsible for service of the summons upon the respondent named in the complaint. The summons shall direct the respondent(s) to appear in Tribal Court on the date specified in the summons. It shall also warn the respondent(s) that judgment may be taken against them if they fail to appear. Service shall be made in the manner set forth in TTC 6.25.040. [Res. 2013-531; Ord. 50 § 1.6, 8-5-2011 (Res. 2011-309)].
6.25.070 Pleading by respondent.
(1) Answer. A respondent served with a complaint and summons shall have the right to file an answer denying the allegations contained in the complaint and/or setting forth any factual disputes or defenses. A respondent must file an answer specifically setting forth any of the defenses described in subsection (2) of this section he/she is asserting. Any answer filed pursuant to this section must be served on the opposing party no later than five judicial days prior to the scheduled hearing date.
(2) Defenses. The Court shall grant the remedies allowed in this chapter, unless it appears by the evidence that:
(a) The premises are untenable, 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 and that they constitute a real and serious hazard to human health and safety and not a mere inconvenience.
(b) The landlord has failed or refused to make repairs which are its responsibility after a reasonable demand by a tenant to do so, without good cause, and the repairs are necessary for the reasonable enjoyment of the premises.
(c) There are monies due and owing to the tenant because he/she has been required to make repairs which are the obligation of the landlord and the landlord has failed or refused to make them after a reasonable notice. 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/she fails or refuses to pay the reasonable rental value of the premises.
(d) 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.
(e) That there are such serious and material breaches of applicable housing law on the part of the landlord that it would be unjust to grant it a remedy.
(f) The landlord is evicting the tenant because of his/her race, sex, sexual orientation, religion, age, marital status, family status or because the tenant is disabled.
(g) Any other material or relevant fact the tenant might present that may explain why his/her eviction is unjust and unfair. [Res. 2013-531; Ord. 50 § 1.7, 8-5-2011 (Res. 2011-309)].
6.25.080 Judgment by default.
If the respondent fails to appear and defend, the Court shall grant judgment in favor of the plaintiff provided all statutory requirements have been met. [Ord. 50 § 1.8, 8-5-2011 (Res. 2011-309)].
6.25.090 Hearing.
Notwithstanding any other provision in this chapter or by Court rule, the Court shall set a hearing on the unlawful detainer petition expeditiously. The Clerk shall set a hearing date which shall not be more than 20 calendar days from the date of filing. [Res. 2013-531; Ord. 50 § 1.9, 8-5-2011 (Res. 2011-309)].
6.25.100 Power of the Court.
(1) The Court shall enter judgment and issue a writ of restitution if:
(a) Notices as required by this chapter have been given; and
(b) The Court finds that the occupier of the real property is guilty of an act of unlawful detainer.
(2) Upon the issuance of a writ of restitution the Court shall have authority to enter against the respondent(s) a judgment for the following: back rent, unpaid utility charges due to the landowner under any lease or occupancy agreement, and for damages caused by the respondents to the property other than ordinary wear and tear.
(3) Within the Trial Court’s discretion, a bond with sufficient surety may be required before issuance of the writ of restitution.
(4) When the proceeding is for an unlawful detainer for nonpayment of rent and if payment has not been made as required within five days after judgment is entered in the full amount, then the judgment shall be enforced immediately; however, if the required payment has been made within the time required, then the tenant shall be restored to his dwelling or unit. [Ord. 50 § 1.10, 8-5-2011 (Res. 2011-309)].
6.25.110 Holding over on agricultural land, effect of.
In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than 60 days after the expiration of his term without any demands or notice to quit by his landlord or the successor in estate of his landlord, if any, the tenant shall be deemed to be holding over by permission of his landlord or the successor in estate of his landlord, and shall be entitled to hold over under the terms of the lease for another full year and shall not be guilty of an unlawful detainer during said year provided all payments, other terms and conditions of the lease or rental agreement are satisfied. [Ord. 50 § 1.11, 8-5-2011 (Res. 2011-309)].
6.25.120 Enforcement of Court orders.
Upon the issuance of a writ of restitution by the Court, the Tulalip Tribal Police shall immediately serve a copy upon the respondent. On the third day after issuance of the writ, the Tulalip Tribal Police shall enforce the writ of restitution by evicting the respondent(s) and their property from the premises to the nearest public right-of-way. In the event personal service is not possible, then notice shall be provided by affixing a copy of said writ in a conspicuous place upon the premises. The execution of the writ shall be returned to the Court within 20 days. [Ord. 50 § 1.12, 8-5-2011 (Res. 2011-309)].
6.25.130 Rules of practice.
Except as otherwise provided in this chapter, the civil rules in TTC Titles 2 and 3 shall apply to these proceedings. [Ord. 50 § 1.13, 8-5-2011 (Res. 2011-309)].
6.25.140 Appeal, stay and bond.
If either party feels aggrieved by the judgment he may appeal as in other civil actions. If the respondent appeals and files a bond as ordered, the Court may issue a stay of proceedings pending such appeal, conditioned that respondent abide by the order of the Court pending appeal, and to pay all rents, utilities and other damages justly accruing to the plaintiff during the pendency of the appeal. [Ord. 50 § 1.14, 8-5-2011 (Res. 2011-309)].
6.25.150 Effect of stay bond.
If respondent appeals and files a bond as provided in TTC 6.25.140, all further proceedings in the case shall be stayed including the writ of restitution until the determination of said appeal and the same has been remanded to the Trial Court for further proceedings. [Ord. 50 § 1.15, 8-5-2011 (Res. 2011-309)].
6.25.160 Proof in forcible entry and detainer.
On the trial of any proceeding for any forcible entry or forcible detainer, the plaintiff shall only be required to show, in addition to a forcible entry complained of, that he was peaceably in the actual possession at the time of the forcible entry; or, in addition to a forcible detainer complained of, that he was entitled to the possession at the time of the forcible detainer. [Ord. 50 § 1.16, 8-5-2011 (Res. 2011-309)].
6.25.170 Forcible entry and detainer – Penalty.
Every Tribal member who shall unlawfully use, or encourages or assists another in unlawfully using, any force or violence in entering upon or detaining any lands or other possessions of another; and every person who, having removed or been removed therefrom pursuant to the order or direction of any court, tribal, or officer shall afterwards return to settle or reside unlawfully upon, or take possession of such lands or possessions, shall be guilty of criminal trespass per TTC Title 3. [Ord. 50 § 1.17, 8-5-2011 (Res. 2011-309)].
6.25.180 Relief against forfeiture.
The Court may relieve a tenant against a forfeiture of a lease and restore him to his former estate, as in other cases provided by law, where application for such relief is made within 30 days after the forfeiture is declared by the judgment of the Court, as provided in this chapter. The application may be made by a tenant or subtenant, or a mortgagee of the term, or any person interested in the continuance of the term. It must be made upon petition, setting forth the facts upon which the relief is sought, and be verified by the applicant. Notice of the application, with a copy of the petition, must be served on the plaintiff in the judgment, who may appear and contest the application. In no case shall the application be granted except on condition that full payment of rent due, or full performance of conditions of covenants stipulated. [Ord. 50 § 1.18, 8-5-2011 (Res. 2011-309)].
6.25.190 Severability.
If any part or parts, or the application of any part, of this chapter is held invalid, such holding shall not affect the validity of the remaining parts of this chapter. The Tulalip Tribes Board of Directors hereby declares that it would have passed the remaining parts of this chapter even if it had known that such part or parts or application of any part thereof would be declared invalid. [Ord. 50 § 1.19, 8-5-2011 (Res. 2011-309)].
6.25.200 Nonwaiver of sovereign immunity.
Nothing in this chapter shall be deemed to constitute a waiver by the Tulalip Tribes of its sovereign immunity for any reason whatsoever. [Ord. 50 § 1.20, 8-5-2011 (Res. 2011-309)].
6.25.210 Attorneys fees and costs.
The prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable for attorneys fees and costs at trial and on appeal. [Ord. 50 § 1.21, 8-5-2011 (Res. 2011-309)].