Ponca Tribe of Nebraska Tribal Code
TITLE V LANDLORD/TENANT AND HOUSING CODE
CHAPTER 3 DUTIES OF THE LANDLORD/TENANT
Section 5-3-2. Conveyance of Property; Attornment of Tenant
Section 5-3-3. Failure of Landlord to Deliver Possession of Dwelling Unit to Tenant
Section 5-3-4. Landlord's Breach of Rental Agreement, Deductions From Rent for Repairs, Failure to Supply Heat, Water or Other Essential Services, Habitability of Dwelling
Section 5-3-5. Damage To or Destruction of Dwelling Unit; Rights and Duties of Tenant
Section 5-3-6. Wrongful Removal or Exclusion From Dwelling Unit
Section 5-3-7. Unlawful Entry or Lawful Entry in Unreasonable Manner; Harassment of Tenant; Damages
Section 5-3-8. Defective Condition of Premises; Report to Landlord
Section 5-3-9. Tenant's Use and Occupancy of Premises; Rules and Regulations
1. A landlord shall at all times during the tenancy:
a. Except in the case of a single-family residence, keep all common areas of his building, grounds facilities and appurtenances in a clean, safe and sanitary condition;
b. Make all repairs and do whatever is necessary to put and keep the tenant's dwelling unit and premises in a fit and habitable condition;
c. Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him;
d. Except in the case of one or two-family residences or where provided by a governmental entity, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for the frequent removal of such wastes; and
e. Except in the case of a single-family residence or where the service is supplied by direct and independently metered utility connections to the dwelling unit, supply running water and reasonable amounts of hot water at all times and reasonable heat.
2. The landlord and tenant of a dwelling unit may agree by a conspicuous writing independent of the rental agreement, that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling.
3. Conflicting terms of MHO Agreements approved by the NPHA shall supersede provisions of this section.
Ponca Tribe of Nebraska Code § 5-3-1, PTN Code § 5-3-1
1. A conveyance of real estate, or of any interest therein, by a landlord shall be valid without the attornment of the tenant, but the payment of rent by the tenant to the grantor at any time before written notice of the conveyance is given to the tenant shall be good against the grantee.
2. The attornment of a tenant to a stranger shall be void and shall not affect the possession of the landlord unless it is made with the consent of the landlord, or pursuant to a judgment at law, or the order or decree of a court.
3. Unless otherwise agreed, and except as otherwise provided in this Code, upon termination of the owner's interest in the dwelling unit including, but not limited to, terminations of interest by sale, assignment, death, bankruptcy, appointment of a receiver or otherwise, the owner is relieved of all liability under the rental agreement and of all obligations under this Code as to events occurring subsequent to written notice to the resident of the termination of the owner's interest. The successor in interest to the owner shall be liable for all obligations under the rental agreement or under this Code. Upon receipt by a resident of written notice of the termination of the owner's interest in the dwelling unit, a resident shall pay all future rental payments, when due, to the successor in interest to the owner.
4. Unless otherwise agreed, and except as otherwise provided in this Code, a manager of premises that includes a dwelling unit is relieved of liability under a rental agreement and this Code, as to events occurring after written notice to the tenant of the termination of his management.
Ponca Tribe of Nebraska Code § 5-3-2, PTN Code § 5-3-2
1. If the landlord fails to deliver possession of the dwelling unit to the tenant, rent abates until possession is delivered and the tenant may terminate the rental agreement by giving a written notice of such termination to the landlord, whereupon the landlord shall return all prepaid rent and deposit, or the tenant may, at his option, demand performance of the rental agreement by the landlord and maintain an action for possession of the dwelling unit against any person wrongfully in possession and recover the actual damages sustained by him.
2. If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than twice the monthly rental as specified in the rental agreement, computed and prorated on a daily basis for each month, or portion thereof, that said person wrongfully remains in possession.
Ponca Tribe of Nebraska Code § 5-3-3, PTN Code § 5-3-3
1. Except as otherwise provided in this Code, if there is a material non-compliance by the landlord of the terms of the rental agreement or a non-compliance with any of the provisions of Section 5-3-1(1) of this Code, which noncompliance materially affects health or safety, the tenant may deliver to the landlord a written notice specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within fourteen (14) days, and thereafter the rental agreement shall so terminate as provided in the notice unless the landlord adequately remedies the breach within the time specified.
2. Except as otherwise provided in this Code, if there is a material non-compliance by the landlord with any of the terms of the rental agreement which non-compliance materially affects cost of which is less than one hundred dollars ($100.00), the tenant may notify the landlord in writing of his intention to correct the condition at the landlord's expense after the expiration of fourteen (14) days. If the landlord fails to comply within said fourteen (14) days, or as promptly as conditions require in the case of an emergency, the tenant may thereafter cause the work to be done in a workmanlike manner and, after submitting to the landlord an itemized statement, deduct from his rent the actual and reasonable cost or the fair and reasonable value of the work not exceeding the amount specified in this subsection, in which event the rental agreement shall not terminate by reason of that breach.
3. Except as otherwise provided in this Code, if, contrary to the rental agreement, the landlord willfully or negligently fails to supply heat, running water, hot water, electric, gas or other essential service, the tenant may give written notice to the landlord specifying the breach and thereafter may:
a. Upon written notice, immediately terminate the rental agreement; or
b. Procure reasonable amounts of heat, water, running water, electric gas, or other essential service during the period of the landlord's non-compliance and deduct their actual and reasonable cost from the rent; or
c. Recover damages based on the diminution of the fair rental value of the dwelling unit; or
d. Upon written notice, procure reasonable substitute housing during the period of the landlord's non-compliance, in which case the tenant is excused from paying rent for the period of the landlord's non-compliance.
4. Except as otherwise provided in this Code, if there is a non-compliance by the landlord with the terms of the rental agreement, which non-compliance renders the dwelling unit uninhabitable or poses an imminent threat to the health and safety of any occupant of the dwelling unit and which non-compliance is not remedied as promptly as conditions require, the tenant may immediately terminate the rental agreement upon written notice to the landlord which notice specifies the non-compliance.
5. All rights of the tenant under this section do not arise until he has given written notice to the landlord or if the condition complained of was caused by the deliberate or negligent act or omission of the tenant, a member of his family, his animal or pet or other person or animal on the premises with his consent.
6. Conflicting terms of a MHO Agreement approved by the NPHA shall supersede provisions of this section.
Ponca Tribe of Nebraska Code § 5-3-4, PTN Code § 5-3-4
1. If the dwelling unit or premises are damaged or destroyed by fire or other casualty to an extent that enjoyment of the dwelling unit is substantially impaired, unless the impairment is caused by the deliberate or negligent act or omission of the tenant, a member of his family, his animal or pet or other person or animal on the premises with his consent, the tenant may:
a. Immediately vacate the premises and notify the landlord in writing within one (1) week thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or
b. If continued occupancy is possible, vacate part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair value of the dwelling unit.
Ponca Tribe of Nebraska Code § 5-3-5, PTN Code § 5-3-5
If a landlord wrongfully removes or excludes a tenant from possession of a dwelling unit, the tenant may recover possession by a proceeding brought in the Ponca Tribal Court, or terminate the rental agreement after giving notice of such intention to the landlord, and in either case recover an amount not more than twice the average monthly rental, or twice his actual damages, whichever is greater. If the rental agreement is terminated, the landlord shall return all deposits recoverable under Section 5-2-7 of this Code and all prepaid and unearned rent.
Ponca Tribe of Nebraska Code § 5-3-6, PTN Code § 5-3-6
If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or harasses the tenant by making repeated unreasonable demands for entry, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or, upon written notice, terminate the rental agreement. In either case, the tenant may recover actual damages.
Ponca Tribe of Nebraska Code § 5-3-7, PTN Code § 5-3-7
Any defective condition of the premises which comes to the tenant's attention, and which the tenant has reason to believe is unknown to the landlord, shall be reported by the tenant to the landlord as soon as possible.
Ponca Tribe of Nebraska Code § 5-3-8, PTN Code § 5-3-8 T
A landlord, from time to time, may adopt a rule or regulation, however described, concerning the tenant's use and occupancy of the premises. Such a rule or regulation is enforceable against the tenant only if:
1. Its purpose is to promote the convenience, peace, and safety or welfare of the tenants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally; and
2. It is reasonably related to the purpose of which it is adopted; and
3. It applies to all tenants in the premises in a fair manner; and
4. It is sufficiently explicit in its prohibition, direction or limitation of the tenant's conduct or fairly inform the tenant what such tenant must or must not do to comply; and
5. It is not for the purpose of evading the obligations of the landlord; and
6. The tenant has notice of evading the obligations of the landlord; and
If the rule or regulation is adopted after the tenant enters into the rental agreement and that rule or regulation works a substantial modification of such tenant's bargain, the rule or regulation so adopted is not valid and enforceable against the tenant unless he consents to it in writing.
Ponca Tribe of Nebraska Code § 5-3-9, PTN Code § 5-3-9