Ponca Tribe of Nebraska Tribal Code
TITLE V LANDLORD/TENANT AND HOUSING CODE
CHAPTER 4 RIGHTS AND DUTIES OF TENANTS
Section 5-4-1. Duties of the Tenant
Section 5-4-2. Consent of Tenant for Landlord to Enter Dwelling Unit; Emergency Entry; Abuse of Right of Entry; Notice; Abandoned Premises; Refusal of Consent
Section 5-4-3. Tenant's Breach of Rental Agreement; Wrongful Abandonment
Section 5-4-4. Abandoning, Surrendering or Eviction From Possession of Dwelling Unit, Disposition of Personal Property
Section 5-4-5. Delinquent Rent
Section 5-4-6. Lien on Tenant's Property
Section 5-4-7. Procedure for Enforcement of Lien
The tenant shall, at all times during the tenancy, comply with the following in such a manner as to protect the property interest of this landlord and any person who resides within three hundred (300) feet of the boundary of the tenant's dwelling unit:
1. Keep that part of the premises which such tenant occupies and uses as safe, clean and sanitary as the condition of the premises permits.
2. Dispose from such tenant's dwelling unit all ashes, garbage, rubbish and other waste in a safe, clean and sanitary manner.
3. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean and sanitary as their condition permits.
4. Use in a safe and non-destructive manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises.
5. Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or permit any person, animal or pet to do so.
6. Not engage in conduct or allow any person or animal or pet on the premises with the express or implied permission or consent of the tenant, to engage in conduct that will disturb the quiet and peaceful enjoyment of the premises by other tenants.
7. The Ponca Tribe of Nebraska or persons who reside within three hundred (300) feet of the offending tenant's dwelling unit and whose peaceful enjoyment or property is damaged by violation of subsection A may bring against the tenant or any third party a cause of action for abatement of the violation and/or damages.
8. Not commit any crimes under federal, state or tribal law.
Ponca Tribe of Nebraska Code § 5-4-1, PTN Code § 5-4-1
A tenant shall not unreasonably withhold consent to the landlord, his agents and employees, to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgages, tenants, workmen or contractors.
A landlord, his agents and employees may enter the dwelling unit without consent of the tenant in case of emergency.
A landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least one (1) day's notice of his intent to enter and may enter only at reasonable time.
Unless the tenant has abandoned or surrendered the premises, a landlord has no other right of access during a tenancy except as is provided in this Code or pursuant to a court order.
If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or he may terminate the rental agreement.
Ponca Tribe of Nebraska Code § 5-4-2, PTN Code § 5-4-2
Unless otherwise agreed, use by the tenant of the dwelling unit for any purpose other than his place of abode shall constitute a breach of the rental agreement and shall be grounds for terminating the rental agreement.
If the tenant wrongfully quits and abandons the dwelling unit during the term of the tenancy, the landlord shall make reasonable efforts to make the dwelling unit available for rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, said new tent shall sign a rental agreement notwithstanding the prior rental agreement. If the landlord fails to use reasonable efforts to make the dwelling unit available for rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment. If, after making reasonable effort to make the dwelling unit available for rental after abandonment, the landlord fails to re-rent the premises for a fair rent or the difference in rental, whichever may be appropriate, for the remainder of the term. If the tenancy is from month-to-month or week-to-week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be.
Ponca Tribe of Nebraska Code § 5-4-3, PTN Code § 5-4-3
If the tenant abandons or surrenders possession of the dwelling unit or has been lawfully removed from the premises through eviction proceedings and leaves household goods, furnishings, fixtures, or any other personal property in the dwelling unit, the landlord may take possession of the property and if, in the judgment of the landlord, the property has no ascertainable or apparent value, the landlord may dispose of the property without any duty of accounting or any liability to any party. Any property left with the landlord for a period of three (3) months or longer shall be conclusively determined to be abandoned and, as such, the landlord may dispose of said property in any manner which he deems reasonable and proper without liability to the tenant or any other interested party.
Ponca Tribe of Nebraska Code § 5-4-4, PTN Code § 5-4-4
If rent is unpaid when due, the landlord may bring an action for recovery of the rent at any time thereafter.
A landlord may terminate a rental agreement for failure to pay rent when due, if the tenant fails to pay the rent after ten (10) calendar days of the agreement date of payment, or ten (10) calendar days following the first day of the month in a month-to-month tenancy.
Ponca Tribe of Nebraska Code § 5-4-5, PTN Code § 5-4-5
A landlord shall have a lien upon that part of the property belonging to the tenant which has a reasonable relationship, as nearly as practicable, to the amount of the debt owed, which may be in a rental unit used by him at the time notice is given, for the proper charges owed by the tenant, and for the cost of enforcing the lien, with the right to possession of the property until the debt obligation is paid to the landlord. Provided, however, that such lien shall be secondary to the claim of any prior bona fide holder of chattel mortgage or to the rights of the conditional seller of such property, other than the tenant.
For purposes of this section, property shall mean any baggage or other property belonging to the tenant which may be in the rental unit used by the tenant but which shall not include all tools, musical instruments or books used by the tenant in any trade or profession, all family portraits and pictures, all wearing apparel, any type of prosthetic or orthopedic appliance, hearing devices, soap, tissues, washing machines, vaporizers, refrigerators, food, cooking and eating utensils, all other appliances personally used by the tenant for the protection of his health, or any baby bed or any other item used for the personal care of babies.
Ponca Tribe of Nebraska Code § 5-4-6, PTN Code § 5-4-6
The lien provided for by Section 5-4-6 may be foreclosed by a sale of such personal property upon the notice and in the manner following. The notice shall contain:
1. The names of the owner and any other party or parties who may claim any interest in said property.
2. A description of the property to be sold.
3. The value of the rent provided and unpaid and the dates thereof.
4. The time and place of the sale.
5. The name of the party, agent or attorney foreclosing such lien.
Such notice shall be posted on the front door of the tenant's dwelling unit at least ten (10) days before the time therein specified for such sale, and a copy of said notice shall be mailed to the owner and any other party or parties claiming any interest in said property if known, at their last known post office address by certified mail on the day of posting. Party or parties who claim any interest in said property shall include owners of chattel mortgages and conditional sales contracts as shown by the records in the office of the county clerk in the county where the lien is foreclosed.
The liener or any other person may in good faith become a purchaser of the property sold.
Proceedings for foreclosure under this Code shall not be commenced until thirty (30) days after said lien has accrued.
Ponca Tribe of Nebraska Code § 5-4-7, PTN Code § 5-4-7