SISSETON-WAHPETON SIOUX TRIBE
CHAPTER 7
LANDLORD-TENANT LAW
The Sisseton-Wahpeton Sioux Tribal Council hereby enacts the following Landlord-Tenant
Code
as a means of protecting and balancing the competing interests of landlords
and tenants within
the jurisdiction of the Sisseton-Wahpeton Sioux Tribe.
07-01-01 PURPOSE
WHEREAS, lack of adequate housing for the benefit of Tribal members remains a continuing problem, and
WHEREAS, the provision of rental housing units by the public and private sectors should be encouraged by insuring adequate protection of property owners rights; and
WHEREAS, the interests of tenants to continued occupation of leased premises without arbitrary interference by property owners should also be protected; and
WHEREAS, a speedy, fair and adequate remedy should be available to landlords and tenants for redress of grievances; now therefore.
07-02 01 EVICTIONS: LEASE CANCELLATION
07-02-02 Court Order Required
No person shall be evicted without a court order authorizing the eviction.
07-02-03 Grounds for Eviction:
1, The tenant has failed to pay rent when due; or
2 . The tenant is using a housing accommodation or other premises for an illegal
purpose or in a manner which is contrary to policies of the Sisseton-Wahpeton
Housing Authority and/or Department of Housing and Urban Development of policies
established by a private landlord; or
3. The tenant is committing or permitting a nuisance; or is maliciously or by
gross negligence substantially damaging the premises; or the tenant's conduct
is such as to interfere substantially with the comfort and safety of the landlord
or of other tenants or occupants of the same or another building or structure
in the community; or
4. The tenant has unreasonably refused the landlord access to the premises for
the purpose of making necessary repairs or improvements required by law or by
the lease, or for the purpose of inspection, or of showing the premises to a
prospective mortgagee, or other person having a legitimate interest therein;
or
5. Expiration of the stated term of the lease and the tenant has continued in
possession, of the premises without the written permission of the landlord;
or
6. A person enters, without right of title, onto vacant or unoccupied land or
tenements of another.
07-03-01 CANCELLATION OF LEASE
No lease shall be canceled during its term except for cause as herein above
defined and pursuant to the procedure herein set forth.
07-03-02 All leases which have been set forth in writing and specify
a definite term shall be
deemed canceled at the end of the term.
07-03-03 In the case of a housing accommodation tenant, the tenant shall
provide at least 60
days prior to the end of the term verification of household members, financial
eligibility, and such other information as deemed necessary and appropriate
by the housing accommodation to recertify the tenant's eligibility for housing.
A NEW LEASE SHALL BE EXECUTED AND APPROVED BY ALL PARTIES. The failure of the
tenant to provide the rectification information required shall be deemed cause
for cancellation and non-renewal of the lease.
07-04-01 NOTICE TO VACATE PREMISES PRIOR TO ACTION
07-04-02 Notice - General
A landlord or owner of any premises shall not commence an action in court for
eviction prior to three days from the date of service on the tenant of a written
notice to vacate and quit the premises. The notice shall be issued and signed
by the landlord or his representative and shall specify the description or identification
of the premises, the landlord's right to possess same on or before a specified
date, or, in the case of past rent due, state the requirements to either pay
the funds owing or make an arrangement satisfactory with the landlord for payment
of past rent due, vacate the premises on or before the specified date.
Service of the Notices to Vacate and Quit Service of the notice to vacate and quit may be made by any of the following methods:
1. By personally delivering a copy of the notice to the tenant/lessee, wherever
they may be found; or
2. By personally delivering a copy of the notice to any other person, 16 years
of age or older, who is occupying or in charge of the premises; or
3. In the case where no one is on the premises, by posting place, on the notice
in a conspicuous premises while continuing efforts to make personal service;
or
4. By depositing said notice in the United States mail, addressed to the tenant,
certified-mail return receipt requested. Such notice shall be deemed served
on the date it is accepted for delivery by the tenant or his representative
or at such time it is returned to the landlord by the United States Postal Service
as "refused" or "not claimed".
07-03-01 COMMENCEMENT OF EVICTION PROCEEDINGS
A proceeding for an eviction shall be commenced in the same manner in which
other civil
proceedings are commenced.
(See Chapter 33, Section 33-06-01). The complaint for eviction shall describe the premises and shall state the reasons why an eviction is sought, and shall itemize amounts past due for rent and/or any other amounts charged to the tenant's account in connection with the property. Said complaint may be filed not sooner than three (3) days from the date of service of the notice to vacate and quit.
07-04-01 JURISDICTION OF THE TRIBAL COURT
The Tribal Court, or its successor, shall have jurisdiction over any eviction
proceedings arising out of property situated on tribal or trust land or otherwise
falling within "Indian Country". Any tenant entering into a lease for premises
administrated by the Sisseton-Wahpeton Housing Authority, regardless of where
said premises may be situated, is deemed to consent to the jurisdiction of this
Court over any questions arising out of such lease.
07-05-01 SERVICE OF PROCESS
Service of the summons and complaint upon the tenant shall be in the manner
prescribed for other civil actions. The summons shall state that an answer to
the complaint or an appearance may be made by the defendant before the date
specified for hearing and that failure to answer or appear may result in a default
judgment and an order of eviction. If possible, the summons shall specify a
hearing date.
07-06-01 HEARING A hearing shall be set on the complaint for eviction not less than five (5) days nor more than ten (l0) days from date the complaint is filed.
07-07-01 JUDGMENT
After a hearing on the complaint for eviction, the Court may, if service of
the summons and complaint has been made on the defendant, enter a judgment for
the plaintiff for money damages and for restitution of the premises. The judgment
may include back rent, other funds owing, damages t resulting from injuries
to the-property and court costs and such other relief as may be just and proper
under the circumstances. If the summons and complaint have been served upon
the defendant less than five (5) days before the hearing, the court may enter
such interim orders as appear necessary to protect the interest of the parties
as they appear from the pleading.
07-08-01 ORDER OF EVICTION No order of eviction shall take effect until after the expiration of forty-eight (48) hours from the time of the entry of judgment in favor of the plaintiff. The order shall be executed by the Tribal Police during daylight hours.
07-09-01 VACATING AN EVICTION BY DEFAULT
Any tenant may at any time after the entry of a judgment of eviction by default,
petition the Court to vacate the judgment and any order of eviction. The Court
shall vacate such a judgment and order when the tenant can show that the Court
did not have jurisdiction to enter the order or judgment, or that service of
process was not made according to law, or that the order or judgment is contrary
to law. If the Court vacates an order or judgment of eviction by default, the
Court shall hold a hearing on the petition or complaint within ten (10) days
thereafter, and shall at the conclusion of the hearing, enter judgment in favor
of the plaintiff or defendant in accordance with the provisions of Section 07-07-01
of this Chapter.
07-10-01 APPEAL
In order to stay execution of a judgment of eviction, an appeal must be filed
within forty-eight (48) hours after entry of judgment. Execution of the judgment
shall automatically be stayed pending final disposition of the appeal. If money
judgment was entered, such appeal must be accompanied by a cash bond or such
other bond as approved by the court secure the money judgment and any additional
rental payments which may accrue during the pendency of the appeal.
07-11-01 LANDLORD DUTY TO MARE REPAIRS
A landlord shall have the duty of making necessary repairs or improvements.
Any such repairs or improvements made by tenants shall be at their own expense,
without right of contribution from landlord, and shall be deemed permanent fixtures
to the property.
07-11-02 The landlord may seek a review of the tenant's action in the
Tribal Court.
07-11-03 This section shall be applicable only to repairs which are the landlord's responsibility under the lease or other rental agreement, or repairs which are needed as the result of ordinary wear and tear to the premises.
07-12-01 HOUSING DIVISION EXCLUSIVE JURISDICTIONAll matters arising under this Chapter shall be- heard and decided exclusively by the Housing Division of the Tribal Court.
07-13-01 CRIMINAL PROCEEDINGS EXEMPTED FROM HOUSING DIVISION
JURISDICTION
Any criminal complaint alleging entry onto lands or premises with force or threat
of violence, detention of lands or premises by force or threat of violence,
damage to premises or lands or other acts or omissions constituting an offense
under Chapter 26 of this code shall not be heard or decided upon by the Housing
Division of the Tribal Court. Such complaint shall be heard by the part of the
Tribal Court vested with general jurisdiction over all matters other than those
brought pursuant to this Chapter.
07-14-01 SEVERABILITY
If any clause, sentence, paragraph, section, or part of this code shall, for
any reason be adjudicated by any Court of competent jurisdiction, to be invalid
or unconstitutional, such judgement shall not affect, impair, or invalidate
the remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section, or part thereof directly involved in the controversy
in which the judgement shall have been rendered.