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Ponca Tribe of Nebraska Tribal Code

PTN Code § 5-5-1
Section 5-5-1. Grounds for Eviction

A person may be evicted for:

A. Nonpayment of rent under an agreement for the lease purchase or occupation of a dwelling when such payments are not made 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.

B. Any agreement in rent, costs, or damages which have been due and owing for thirty (30) calendar days or more. The receipt by a landlord of partial payments under an agreement shall not excuse the payment of any balance due upon demand.

C. Nuisance, intentional or reckless damage, destruction, or injury to the property of the landlord or other tenants, or disturbing another tenant's right to quiet enjoyment of a dwelling unit.

D. Repeated violations of the rental agreement, any reasonable rules or regulations adopted in accordance with this Code, or any applicable building or housing codes.

E. Occupation of any premises without permission or agreement, following any reasonable demand by a person in authority over the premises to leave.

F. Under other terms in the rental agreement which do not conflict with the provisions of this Code.

Ponca Tribe of Nebraska Code § 5-5-1, PTN Code § 5-5-1

PTN Code § 5-5-2
Section 5-5-2. Notice to Quit Requirements

A. When Notice to Quit is Required. When a landlord desires to obtain possession of a dwelling unit, and when there exists one or more legally cognizable reasons to evict the tenant or tenants occupying the unit, the landlord shall give notice to the adult tenants to quit possession of such dwelling unit according to the provisions of this chapter.

B. Purpose of Notice to Quit. The purpose of the notice to quit is to provide advance notice to the tenant of a specific problem which needs to be addressed. It is also intended to induce the tenant to enter into discussions with the landlord in order to resolve the problem.

C. Statement of Grounds for Eviction Required. The notice to quit shall be addressed to the adult tenants of the dwelling unit and shall state the legally cognizable reason(s) for termination of the tenancy and the date by which the tenant is required to quit possession of the dwelling unit.

D. Form of Notice. The notice shall be in writing substantially in the following form:

“I (or we) hereby give you notice that you are to quit possession or occupancy of the dwelling unit now occupied by you at (here insert the address or other reasonable description of the location of the dwelling unit), on or before the (here insert the date) for the following reason (here insert the legally cognizable reason or reasons for the notice to quit possession using the statutory language or words of similar import). Signed, (here insert the signature, name and address of the landlord, as well as the date and place of signing,).”

E. Time Requirements for Notice. The notice must be delivered within the following periods of time:

1. No less than seven (7) calendar days prior to the date to quit specified in the notice for any failure to pay rent or other payments required by the agreement.

2. No less than three (3) calendar days prior to the date to quit specified in the notice for nuisance, serious injury to property, or injury to persons. In situations in which there is an emergency, such as a fire or condition making the dwelling unsafe or uninhabitable, or in situations involving an imminent or serious threat to public health or safety, the notice may be made in a period of time which is reasonable, given the situation.

3. No less than fourteen (14) calendar days in all other situations.

Ponca Tribe of Nebraska Code § 5-5-2, PTN Code § 5-5-2

PTN Code § 5-5-3
Section 5-5-3. Serving the Notice to Quit

Any notice to quit must be in writing, and must be delivered to the tenant in the following manner:

A. Delivery must be made by an adult person.

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 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.

D. The person giving notice must keep a copy of the notice and proof of service in accordance with this section, by affidavit or other manner recognized by law.

Ponca Tribe of Nebraska Code § 5-5-3, PTN Code § 5-5-3

PTN Code § 5-5-4
Section 5-5-4. Pre-Eviction Options; Housing Appeals Board

A. Negotiated Settlement. After a Notice to Quit is served upon a tenant, the landlord and tenant may engage in discussions to avoid a proceeding to evict and to settle the issues between the parties. The agreement to enter into discussions will not affect the rights of the parties unless the parties reach an agreement to waive any of their rights.

B. Appeal to Executive Director. The tenant may appeal to the Authority Executive Director regarding the grounds relating to a Notice to Quit within fourteen (14) days of receiving the Notice to Quit, and the Executive Director shall meet with the tenant and render a decision on the matter. In the event the tenant is not satisfied with the decision of the Executive Director may appeal the decision to the Appeals Board within fourteen (14) days of the Executive Director's decision.

C. Housing Appeals Board. A Housing Appeals Board is hereby created to resolve disputes between the landlord and tenant. The Appeals Board shall consist of three (3) individuals appointed by the Tribal Council. The Board Members shall serve a term of three (3) years. No member of the Tribe is eligible to serve on the Housing Appeals Board. All Housing Appeals Board members may have sufficient experience with the laws and regulations regarding Indian Housing, or the ability to come up to speed as determined by qualifications further established by the Tribal Council. No tenants subject to the provisions of this Title shall be eligible to serve on the Housing Appeals Board.

D. Process and Decisions of the Housing Appeals Board. The Housing Appeals Board shall establish rules and procedures, as approved by the Tribal Council, governing the administrative hearings conducted. The tenant shall have the right to be represented by counsel, at the tenants own expense, and shall have the right to appear at the hearing. The Housing Appeals Board shall render a decision within thirty (30) days of the appeal.

E. Appeals to Ponca Tribal Court. Upon the final decision or action of the Housing Appeals Board, such decision or action may be appealed to the Ponca Tribal Court within fourteen (14) days of the Hearing Appeals Board, provided, however, that any review of the Housing Appeals Board by the Ponca Tribal Court shall be limited to a review of the hearing record. Decisions and actions of the Housing Appeals Board may not be overturned by the Ponca Tribal Court unless the decisions are determined to be arbitrary and capricious.

F. Stay of Proceedings. Where the parties mutually agree in good faith to proceed with such discussions, and Judicial Eviction procedures have been initiated, the Court will stay such proceedings until it is notified by one or both parties that a hearing is required or that a settlement has been reached.

G. Settlement Options. In reaching an agreement, the parties may consider, but are not limited to the following options:

1. The parties may employ the use of advocates or attorneys;

2. The parties may employ the use of a mediator or conciliator;

3. The parties may agree to arbitrate the issues in binding arbitration;

4. The parties may agree to any other barter for services and goods, or to any other means of securing a fair exchange of value for the use of the dwelling;

5. The parties may agree to dismiss the matter in exchange for any agreement reached;

6. The parties may agree to stipulate to a judgment to be entered by the Court.

Ponca Tribe of Nebraska Code § 5-5-4, PTN Code § 5-5-4

 

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