Ponca Tribe of Nebraska Tribal Code
TITLE V LANDLORD/TENANT AND HOUSING CODE
CHAPTER 2 TENANCY, RENTS, TERMINATION AND DEPOSITS
Section 5-2-1. Rent
Section 5-2-2. Term of Tenancy
Section 5-2-3. Termination of Tenancy
Section 5-2-4. Duties of Parties Upon Termination of Tenancy
Section 5-2-5. Denial or Termination of Tenancy Because of Guide, Signal or Service Dog
Section 5-2-6. Rental Agreements
Section 5-2-7. Damage or Security Deposits
Section 5-2-8. Person to Accept Service or Notice, Identity of Owner and Manager, Failure to Comply With Section
Section 5-2-9. Commencement of Tenancy, Delivery of Possession, Wrongful Possession
1. In the absence of agreement, the occupants of a dwelling unit shall pay to the landlord as rent the fair rental value for the use and occupancy of the dwelling unit.
2. Rent shall be payable at the time and place agreed to by the parties. Unless otherwise agreed, the entire rent shall be payable at the dwelling unit at the beginning of any term of one (1) month or less, while one (1) month's rent shall be payable at the beginning of each month of a longer term.
Ponca Tribe of Nebraska Code § 5-2-1, PTN Code § 5-2-1
Unless the rental agreement fixes a definite term in writing, the tenancy is week-to-week in the case of a roomer or boarder who pays weekly rent, and in all other cases month-to-month.
Ponca Tribe of Nebraska Code § 5-2-2, PTN Code § 5-2-2
1. Except as otherwise provided, when the tenancy is month-to-month or a tenancy at will, the landlord or tenant may terminate the tenancy provided the landlord or tenant gives a written notice to the other at least thirty (30) days before the date upon which the termination is to become effective. The thirty (30) day period to terminate shall begin to run from the date notice to terminate is served as provided in this section.
2. Except as otherwise provided in the Residential Landlord/Tenant Act of the Ponca Tribe of Nebraska, when the tenancy is less than month-to-month, the landlord or tenant may terminate the tenancy provided the landlord or tenant gives to the other a written notice served as provided in this section at least seven (7) days before the date upon which the termination is to become effective.
3. Unless earlier terminated under the provisions of the Residential Landlord/Tenant Act of the Ponca Tribe of Nebraska, or unless otherwise agreed upon, a tenancy for a definite term expires on the ending date thereof without notice.
4. If the tenant remains in possession without the landlord's consent after the expiration of the term of the rental agreement or its termination under the Residential Landlord and Tenant Act of the Ponca Tribe of Nebraska, the landlord may immediately bring an action for possession and damages. If the tenant's hold over is willful and not in good faith, the landlord may also compute and pro rate the rent on a daily basis, for each month or portion thereof that said tenant remains in possession. If the landlord consents to the tenant's continued occupancy, a month-to-month tenancy is thus created, unless the parties otherwise agree.
5. The written notice, required by the Residential Landlord/Tenant Act of the Ponca Tribe of Nebraska, to terminate any tenancy shall be served on the tenant or landlord personally unless otherwise specified by law. If the tenant cannot be located, service shall be made by delivering the notice to any family member of such tenant over the age of twelve (12) years residing with the tenant. If service cannot be made on the tenant personally or on such family member, notice shall be posted at conspicuous place, on the dwelling unit of the tenant. If the notice is posted, a copy of such notice shall be mailed to the landlord by certified mail.
Ponca Tribe of Nebraska Code § 5-2-3, PTN Code § 5-2-3
Except as otherwise provided in this Code, whenever either party to a rental agreement rightfully elects to terminate, the duties of each party under the rental agreement shall cease and be determined upon the effective date of said termination, and the parties shall thereupon discharge any remaining obligations under this Code as soon as practicable.
Ponca Tribe of Nebraska Code § 5-2-4, PTN Code § 5-2-4
A landlord shall not deny or terminate a tenancy to a blind, deaf, or physically handicapped person because of the guide, signal or service dog of such person, unless such dog is found to be vicious or willfully destroy the property.
Ponca Tribe of Nebraska Code § 5-2-5, PTN Code § 5-2-5
1. A rental agreement may not provide that either party thereto:
a. Agrees to waive or forego rights or remedies under this Code;
b. Authorize any person to confess judgment on a claim arising out of the rental agreement;
c. Agree to pay the other party's attorney's fees;
d. Agree to the exculpation, limitation or indemnification of any liability arising under law for damages or injuries to persons or property caused by or resulting from the acts or omissions of either party, their agents, servants or employees in the operation or maintenance of the dwelling unit or the premises of which it is a part; or
e. Agrees to the establishment of a lien except as allowed by this Code in and to the property of the other party.
2. A provision prohibited by this section and included in a rental agreement is unenforceable.
3. Any prohibition provided by subsection 1 shall be superseded by MHO provisions mandated by federal law.
Ponca Tribe of Nebraska Code § 5-2-6, PTN Code § 5-2-6
1. Any damage or security deposit required by a landlord of a tenant must be kept in an escrow account for the tenant.
2. Upon termination of the tenancy, any security deposit held by the landlord may be applied to the payment of accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with this Code and the rental agreement, all as itemized by the landlord in a written statement to be delivered by mail with a return receipt requested and to be signed for by any person of statutory service age at such address or in person to the tenant if he can reasonably be found. If the landlord proposes to retain any portion of the security deposit for rent, damages or other legally allowable charges under the provisions of this Code or the rental agreement, the landlord shall return the balance of the security deposit without interest to the tenant within thirty (30) days after the termination of tenancy, delivery of possession and written demand by the tenant. If the tenant does not make such written demand of such deposit within six (6) months after termination of the tenancy, the deposit reverts to the landlord in consideration of the costs and burdens of maintaining the escrow account, and the interest of the tenant in that deposit terminates at that time.
3. Upon cessation of a landlord's interest in the dwelling unit including, but not limited to, termination of interest by sale, assignment, death, bankruptcy, appointment of receiver or otherwise, the person in possession of the tenant's damage or security deposits at his option or pursuant to court order shall, within a reasonable time:
a. Transfer said deposits to the landlord's successor in interest and notify the tenants in writing of such transfer and of the transferee's name and address; or
b. Return the deposits to the tenants.
4. Upon receipt of the transferred deposits under paragraph (a) of subsection (3) of this section, the transferee, in relation to such deposits, shall have all the rights and obligations of a landlord holding such deposits under this Code.
5. If a landlord or manager fails to comply with this section or fails to return any prepaid rent required to be paid to a tenant under this Code, the tenant may recover the damage and security deposit and prepaid rent, if any.
6. Except as otherwise provided by the rental agreement, a tenant shall not apply or deduct any portion of the security deposit from the last month's rent or use or apply such tenant's security deposit at any time in lieu of payment of rent.
7. This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this Code.
8. Tenants under the MHO Agreement may bring an action for settlement or accounting of the disputed accounts and contributions only after the tenants have exhausted his or her administrative remedies provided by the NPHA.
Ponca Tribe of Nebraska Code § 5-2-7, PTN Code § 5-2-7
1. As a part of any rental agreement, the lessor shall promptly and in writing identify what person at what address is entitled to accept service or notice under this Code. To accept service the individual must be fourteen (14) years of age. The landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:
a. The person or person authorized to manage the premises;
b. The owner or owners of the premises; or
c. The name and address of a person authorized to act for and on behalf of the owner for the purpose of receipt of service of process and receiving and receipting for notices.
The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor owner, landlord or manager.
2. A person who fails to comply with this section becomes a landlord for the purposes of this Code and an agent of each person who is otherwise a landlord for:
a. Receipt of service of process and receiving and receipting and under the rental agreement and expending and making available for the purpose all rents collected from the premises.
Ponca Tribe of Nebraska Code § 5-2-8, PTN Code § 5-2-8
At the commencement of the term, a landlord shall deliver full possession of the premises to the tenant in compliance with the rental agreement. Except as otherwise provided in this Code, the landlord may bring an action for possession against any other person wrongfully in possession and may recover his damages.
Ponca Tribe of Nebraska Code § 5-2-9, PTN Code § 5-2-9