Ponca Tribe of Nebraska Tribal Code
TITLE V LANDLORD/TENANT AND HOUSING CODE
Chapter 6. Judicial Eviction Procedures
Section 5-6-1. Summons and Complaint
Section 5-6-2. Action Upon Filing Complaint
Section 5-6-3. Commencement of Proceedings
Section 5-6-4. Defenses
Section 5-6-5. Discovery and Prehearing Proceedings
Section 5-6-6. Evidence
Section 5-6-7. Burden of Proof
Section 5-6-8. Judgment
Section 5-6-9. Form of Judgment
Section 5-6-10. Execution of Judgment
Section 5-6-11. Stay of Execution
Section 5-6-12. Appeals
Section 5-6-13. Notice to Leave the Premises
Section 5-6-14. Forcible Eviction
Section 5-6-15. No Self-Help Eviction
If, after the date set forth in the notice to quit for the tenant to quit possession of the dwelling unit, the tenant has not quit possession, the landlord may file a complaint in the Tribal Court for eviction and such other relief as the Court may deem just and proper. The complaint shall state:
A. The names of the adult tenant(s) against whom the suit is brought;
B. A description of the rental agreement, if any;
C. The address or reasonable description of the location of the premises;
D. The grounds for eviction;
E. A statement showing that the notice to quit and any required termination notices have been served in accordance with this code or other applicable law; and
F. A statement of the relief demanded, including any claim(s) for possession of the dwelling unit, damages, fees, costs, or other special relief.
G. If the landlord is the NPHA, a statement that the NPHA has complied with all required regulatory processes prior to filing the eviction action.
Ponca Tribe of Nebraska Code § 5-6-1, PTN Code § 5-6-1
When a complaint is filed in the Tribal Court, it shall be immediately presented to a Tribal Court Judge. This shall be on the date of filing, or, if no judge is present, on the first regular Court day after filing or when a judge may first be found. The Judge shall review the complaint and shall, if it appears to be in compliance with this Code and properly served as set forth in this Code, issue an order of the Court requiring the defendant named in the complaint to appear before the Court on a certain date to contest the complaint. The date for appearance for answering the complaint shall be at the next scheduled Tribal Court day. Upon setting of the date for appearance, the plaintiff shall have defendant served with the complaint and a summons to appear for the court date.
Ponca Tribe of Nebraska Code § 5-6-2, PTN Code § 5-6-2
A. If the tenant appears before the Court in person or in writing to contest the complaint, the Court shall set a hearing date. Any written response shall state any defenses or factual disputes and where any defendant appears in person, a written response shall be served upon the plaintiff within five (5) calendar days of any hearing, excluding weekends and holidays.
B. The Court shall set a hearing date which is no more than fifteen (15) calendar days following the date for appearance, except when the hearing date would fall on a weekend or holiday, and in such a situation on the first regular Court day following that date.
C. A defendant may, for good cause shown, and upon the payment of a reasonable sum for the fair rental value of the premises between the date on which the complaint was filed and the date of hearing, obtain an extension of time, beyond the fifteen (15) day period. The Court may refuse to extend the date of hearing where the complaint is based upon a nuisance but shall not extend the date of hearing where the complaint is based upon conduct which is alleged to constitute a serious danger to public health, safety, or peace.
D. The Court may in its discretion on motion from the landlord order the tenant to pay into the Court rents for the use and occupancy during the pendency of the eviction case.
Ponca Tribe of Nebraska Code § 5-6-3, PTN Code § 5-6-3
The Court shall grant the remedies allowed in this Code, 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, 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 his 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 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 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 him 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. The landlord terminated the tenancy in retaliation for the tenant's attempt to secure his rights under this Code or to force the landlord to comply with his duties under this Code.
H. Any other material or relevant fact the tenant might present that may explain why his eviction is unjust and unfair.
Ponca Tribe of Nebraska Code § 5-6-4, PTN Code § 5-6-4
Extensive, prolonged, or time consuming discovery and prehearing proceedings will not be permitted, except in the interests of justice and for good cause shown by the moving party. Discovery shall be informal, and reasonably provided on demand of a party, and it shall be completed within five (5) calendar days of the date of hearing. Requests for discovery shall be made no later than three (3) calendar days following the setting of a hearing date. The Court may enter reasonable orders requiring discovery or protecting the rights of the parties upon reasonable notice.
Ponca Tribe of Nebraska Code § 5-6-5, PTN Code § 5-6-5
Evidence in proceedings under this Code shall be governed by the Federal Rules of Evidence.
Ponca Tribe of Nebraska Code § 5-6-6, PTN Code § 5-6-6
The burden of proof in all proceedings under this Code shall be preponderance of the evidence.
Ponca Tribe of Nebraska Code § 5-6-7, PTN Code § 5-6-7
A. Within five (5) calendar days of the date of the hearing, the Court shall grant and enter judgment and the judgment shall grant all relief that the parties are entitled to as of the date of the judgment. The judgment may:
1. Order the immediate eviction of a tenant and delivery of the premises to the landlord;
2. Grant actual damages as provided in the agreement of the parties or this Code, including interest;
3. Order the parties to carry out an obligation required by law;
4. Establish a payment plan for the tenant;
5. Order rent payments out of per capita payment or through garnishment;
6. Establish a Power of Attorney in another person/agency to fulfill rights or obligations of either landlord or tenant;
7. Remediate the action in part or in whole through appropriate recalculation of rent;
8. Order the tenant to perform work for the landlord or the owner to pay off back rent due and/or damages;
9. Order the payment of attorneys' fees and, where allowed by law or agreement, costs and expenses of litigation; or
10. Grant any relief provided in this Code or allowed in law or equity.
B. If a tenant fails to appear in person or in writing on or before the date of appearance, the Court shall enter judgment on behalf of the plaintiff following a hearing to determine whether relief should be granted and the kind of relief that should be granted.
Ponca Tribe of Nebraska Code § 5-6-8, PTN Code § 5-6-8
The judgment shall state the relief granted by the Court to any party, but need not state findings of fact or conclusions of law in support of the judgment. The judgment may state brief reasons for it. If a trial is held, the judge should, whenever possible, render his decision immediately after both parties have rested their case and award costs and restitution as appropriate.
Ponca Tribe of Nebraska Code § 5-6-9, PTN Code § 5-6-9
An eviction order may be executed by a duly authorized law enforcement officer or officer of the Court, appointed by the Court for such a purpose. To execute the order, the officer shall;
A. remove all the evicted persons from the dwelling and verbally order them not to re-enter;
B. provide a copy of the order of eviction to all adult tenants;
C. post copies of the order of eviction on the doors of the premises if there is not any adult tenant present at the time of execution; and
D. supervise the removal of the possessions of the evicted persons.
Any law enforcement officer shall, upon receipt of an order of the Court, execute the judgment or order made by it with in five (5) calendar days of the date of the judgment or order and make a report to the Court on what was done to enforce it. Any law enforcement officer to whom a judgment or order is given for enforcement who fails, in the absence of good faith, or refuses to execute it shall be subject to the payment of reasonable damages, costs, and expenses to a party for failure to execute the judgment and/or suspension from employment. This Section shall also apply to any judgment on behalf of a tenant obtained under the general Tribal Civil Procedure Code and/or Tribal Small Claims Procedure Code. All other portions of the judgment shall be subject to execution in the manner otherwise provided under Tribal Law.
Ponca Tribe of Nebraska Code § 5-6-10, PTN Code § 5-6-10
If judgment for possession of the dwelling unit enters in favor of the landlord, the tenant may apply for a stay of execution of the judgment or order if within five (5) days of the judgment being rendered, the following is established:
A. Good and reasonable grounds affecting the well being of the party are stated; or
B. There would be no substantial prejudice or injury to the prevailing party during the period of the stay; or
C. Execution of the judgment could result in extreme hardship for the tenant(s); or
D. A bond is posted or monies are paid to the Court, to satisfy the judgment or payment for the reasonable use and occupancy of the premises during the period of time following the judgment. No stay may exceed three months in the aggregate. The clerk shall distribute such arrearages to the landlord in accordance to any order of the Court.
Ponca Tribe of Nebraska Code § 5-6-11, PTN Code § 5-6-11
Appeals under this Chapter shall be according to the general tribal appellate provisions.
Ponca Tribe of Nebraska Code § 5-6-12, PTN Code § 5-6-12
Any notice to leave a premises, shall be by written order of the Court, and shall be delivered to the tenant in the following manner:
A. Delivery shall be made by:
1. A law enforcement officer of the Tribe or an agency of the United States Government, or
2. Any person authorized by the Tribal Court.
B. Delivery will be effective when it is:
1. Personally delivered to a tenant with a copy delivered by mail, or
2. Personally delivered to an adult living in the premises with a copy delivered by mail, or
3. Personally delivered to an adult agent or employee of the tenant with a copy delivered by mail.
C. If the notice cannot be given by means of personal delivery, or the tenant cannot be found, the notice may be delivered by means of:
1. Certified mail, return receipt requested, at the last known address of the landlord or tenant, or
2. Securely taping a copy of the notice to the main entry door of the premises in such a manner that it is not likely to blow away, and by posting a copy of the notice in some public place near the premises, including a tribal office, public store, or other commonly frequented place and by sending a copy first class mail, postage prepaid, addressed to the tenant at the premises.
Ponca Tribe of Nebraska Code § 5-6-13, PTN Code § 5-6-13
A. Where the Court orders an eviction, and the defendant or any other occupant of the premises refuses to vacate voluntarily by the effective date of that Order, the defendant or other occupants may be forcibly removed from the premises by a tribal law enforcement officer or law enforcement officer authorized by the Court. At the hearing where the eviction is ordered, the Court shall inform the defendant that if he does not vacate the premises voluntarily by the effective date, he and the other occupants will be subject to forcible eviction, and their property will be subject to storage, sale and disposal as set forth in Subsection (C) below.
B. Following eviction, the Court may allow the landlord, the NPHA or the United States Government access to any property leased by either of them for purposes of preserving and securing it.
C. Following forcible eviction of the defendant and/or other occupants, the former occupant's personal property shall be stored by the owner of the premises for at least thirty (30) days, either on the premises or at another suitable location. In order to reclaim their property, the former occupants shall pay the reasonable costs of its removal and storage. If they do not pay such costs within thirty (30) days, the owner is authorized to sell the property in order to recover these costs. The landlord shall not condition return of the former occupant's personal property on the payment of any costs or fees other than those of removal and storage of those personal possessions. Should the landlord attempt to condition return of personal possessions on payment of any other cost or fee, the landlord shall forfeit his right to the costs of removal and storage. Upon request by the former occupants, the landlord shall provide them with pertinent information concerning the sale, including the time, date and location. Any proceeds from the sale in excess of the storage and removal costs shall be remitted to the former occupants. Nothing in this section shall be construed to prevent the former occupants from reclaiming property remaining after the sale if they can arrange to do in a manner satisfactory to the owner. If the abandoned property is of cultural, religious, or ceremonial significance, the landlord shall have an affirmative duty to locate next of kin and/or contact the Tribe in order to return these items.
Ponca Tribe of Nebraska Code § 5-6-14, PTN Code § 5-6-14
No landlord may compel a tenant to vacate any premises in a forceful fashion or way which causes a breach of the peace. All landlords shall give a notice to quit and obtain a court order as provided in this Code.
Ponca Tribe of Nebraska Code § 5-6-15, PTN Code § 5-6-15