Turtle Mountain Band of Chippewa Indians of North Dakota - Tribal Law

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Turtle Mountain Band of Chippewa Indians Tribal Code.

27.06.020 Unlawful Detainer

A Tenant or other occupier of a leasehold Estate subject to a leasehold Mortgage shall be guilty of unlawful detainer if such person shall continue in occupancy of such leasehold Estate under any of the following situations:

(a) Without the requirement of any notice by the lessor:

(1) After the expiration of the term of the lease;

(2) If such person has entered onto or remains on the real property of another without the permission of the owner and without having any substantial claim under a lease or title to such property;

(3) After the lessor has terminated such person's tenancy pursuant to procedures providing such person a hearing before such lessor involved; or

(4) After such person's leasehold Estate has been foreclosed in leasehold Mortgage Foreclosure Proceeding in the Tribal Court.

(b) After having received thirty (30) days notice, the Tenant or occupier shall remain in possession of such property contrary to the terms of the notice as follows:

(1) When such person has received notice: (1) that he or she is in default in the payment of ground rent; and (2) requiring him or her to either pay such rent or surrender possession of the occupied property and such person has not either surrendered possession of such property or paid the rent within the (thirty) 30-day period provided in such notice;

(2) When such person shall continue to fail to keep or perform any condition or covenant of the lease or other use agreement under which the property is held after he or she has been given notice to comply with such condition or covenant or else to surrender the property; or

(3) When such person continues to commit or to permit Waste upon or maintain a Nuisance upon the occupied property after having been given notice to either cease such Waste or maintenance of Nuisance or to surrender the property.

Original url: /us/nsn/tmchippewa/council/code/27.06.020

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