Lake Court of Indian Offenses
Code – “Revisions July 25, 2001”
The fee simple title to all real estate encompassed within the boundaries of the Red Lake Indian Reservation including the waters located therein and the lands thereunder plus lands which have been ceded to the United States Government and restored to the Red Lake Band of Chippewa Indians shall remain in trust by the United States Government for the benefit and use of the Red Lake Band of Chippewa Indians.
Subdivision 1. An interest in real estate located within the Red Lake Indian Reservation may be granted for a limited number of years by the Tribal Council of the Red Lake Band of Chippewa Indians through a lease, license or permit to use lands.
Subdivision 2. Terms of Lease, License or Permit. A lease, license or permit to lands of the Red Lake Indian Reservation shall be limited to the use of the land described in the lease, license or permit for the period of time set forth in the lease, license or permit. Other conditions or restrictions as to the use of the land may be imposed in the lease, license or permit as the Tribal Council deems appropriate under the circumstances. A lease, license or permit to use lands of the Red Lake Band of Chippewa Indians may be granted in the sole discretion of the Tribal Council of the Red Lake Band of Chippewa Indians upon written application to the Tribal Council on forms provided by it.
Subdivision 3. Eligibility for Lease, License or Permit. Only members or those eligible for membership in the Red Lake Band of Chippewa Indians are eligible to obtain a Lease, License or Permit for Land, as set forth in Section 1304.01, upon which residential homes or apartments are or will be placed.
(Section 1300.02 Subd. 3 added to Tribal Code by Resolution No. 16-94 dated January 11, 1994)
All licenses, permits or leases to an interest in real estates located within the Red Lake Indian Reservation shall be non-assignable and nontransferable unless the prior written consent of the Red Lake Tribal Council shall first be obtained.
If the parcel of land encompassed within a lease, license or permit shall not be used by the named lessee, licensee or permittee for a continuous two year period after the date of its issuance, the lease, license or permit shall terminate. Upon verification by the Tribal Council of the Red Lake Band that there has existed two years of non-use with respect to any lease, license or permit, as set forth therein, the Council shall terminate such lease, license or permit upon Notice and hearing to the lessee, permittee or licensee, as the case may be.
The several forms of deeds, mortgages, satisfactions and other conveyancing instruments filed with the Tribal Realty Office of the Red Lake Band of Chippewa Indians are hereby approved and recommended for use on the Red Lake Indian Reservation. Such forms shall be kept on hand as a public record. The Tribal Realty Office of the Red Lake Band shall furnish such instruments to persons requesting the same upon payment of a fee to the Tribal Realty Office in an amount established by the Red Lake Tribal Council.
In all conveyances by deed, mortgage or assignment of real estate upon which any encumbrance exists, the grantor shall state in the conveyance, before any consideration is paid to him, the existence and nature of such encumbrance to the extent known by the grantor.
All conveyances or other instruments affecting real estate upon the Red Lake Indian Reservation shall be submitted to the Tribal Council of the Red Lake Band of Chippewa Indians for approval. If approved as aforesaid, the conveyance or instrument shall then be filed for record in the office of the Tribal Realty Office of the Red Lake Band. Unless and until a conveyance or instrument affecting real estate upon the Red Lake Indian Reservation has been approved by the Red Lake Tribal Council and recorded in the Tribal Realty Office of the Red Lake Band, the conveyance or instrument shall be invalid in its purported affect upon the real estate described in the conveyance or instrument.
To entitle any conveyance or other instrument affecting real estate on the Red Lake Indian Reservation to recordation, it shall be executed, dated, approved by the Red Lake Tribal Council and acknowledged by the parties executing the same. The acknowledgment shall be taken before some person who is not a party to the conveyance or instrument who shall sign and date the acknowledgment.
Every conveyance or other instrument affecting real estate on the Red Lake Indian Reservation shall be recorded in the Tribal Realty Office of the Red Lake Band. Every such conveyance or other instrument which is not so recorded shall be void as against any subsequent purchaser of the same real estate whose conveyance is first duly recorded and who is a good faith purchaser for a valuable consideration. Such unrecorded conveyance shall also be void under the circumstances stated herein as against any judgement lawfully obtained as the result of a lawsuit by any party against the person in whose name the title to such land appears of record prior to the recording of such conveyance.
A mortgage may be discharged by filing in the Tribal Realty Office of the Red Lake Band, a certificate of its satisfaction which shall be executed and acknowledged by the mortgagee. The discharge of a mortgage shall not require the approval thereof by the Red Lake Tribal Council.
When any mortgagee, its representatives or assigns, upon complete performance of the conditions of the mortgage, shall fail to discharge the same within fourteen (14) days after being requested to discharge, shall be liable to the mortgagor, his heirs and assigns for all actual damages thereby occasioned. A claim for such damages my be asserted in an action for discharge of the mortgage.
Prior to entry of a judgment of foreclosure, any Mortgagor of subordinate Lienholder or the Red Lake Nation may cure the default(s) under the Lease hold Mortgage. Any Subordinate Lienholder or the Tribe who has cured a default shall thereafter have included in its lien the amount of all payments made by such Subordinate Lienholder or the Red Lake Nation to cure the default(s), plus interest on such amounts at the rate stated in the note for the Leasehold Mortgage.
(Section 1301.08 added to Tribal Code by Resolution No. 16-94, dated January 11, 1994)
A Leasehold Mortgage recorded in accordance with the recording procedure herein shall have priority over any lien not properly recorded at the time of the recording any later claim or lien except one arising from a Tribal tax lien. Nothing in this document shall prevent any person from recording a Leasehold Mortgage with the Bureau of Indian Affairs.
(Section 1301.09 added to Tribal Code by Resolution No. 16-94, dated, January 11, 1994)
No tenant shall spoil or destroy any land permit, dwelling, rented tenement, garden's tree's or other improvements which result in substantial injury to the lessor's interest in the property.
(Section 1301.10 added to Tribal Code by Resolution No. 16-94, dated, January 11, 1994)
The house owned and occupied by a person as his dwelling place, together with the land upon which it is situated, to the amount hereinafter defined, shall constitute the homestead of such person and his family and shall be exempt from seizure or sale under legal process because of any debt not lawfully charged against it in writing.
The homestead may include any quantity of land not exceeding five (5) acres and not including in the laid out or platted portion of any town. If the homestead be within the laid out or platted portion of any town, its area shall not exceed one (1) acre.
If a debtor is married, the title to the homestead may be in either spouse and the exemption shall extend to the debts of either or both. Any interest in land shall constitute ownership within the meaning of this chapter.
The homestead exemption shall not extend or be available to defeat the enforcement of any provisions of a mortgage which has been lawfully obtained against said homestead.
If the owner of a homestead dies leaving a spouse or minor children as the owner's survivors, the homestead exemption shall not be affected by the death. If the owner shall desert the family, the spouse and minor children comprising the family may retain the homestead with all the rights of owners therein.
The owner may sell and transfer the homestead without subjecting it, or the proceeds from the sale for a period of one (1) year after the sale, to any judgement or debt from which the homestead was exempt in the hands of the owner. The owner may move from the homestead without affecting the exemption if the owner does not abandon the same as his place of abode. If the owner shall cease to occupy the homestead for more than one year, he shall be deemed to have abandoned the homestead and shall lose its exemption.
The remedy by distress for rent is abolished.
In case of a lease of real property when the landlord has a right to repossession of the real property because of the failure of the tenant to pay rent, the landlord may bring an action in the Red Lake Court of Indian Offenses to recover possession of the property. If any time before possession has been delivered to the plaintiff or brings into the court the amount of the rent then in arrears, with interest and costs of the action and performs the other covenants on the part of the lessee, he may be restored to the possession and hold the property according to the terms of the original lease.
The lessee of any building which, without fault or neglect on the lessee's part, is destroyed or so injured by the elements or any other cause as to be untenable or unfit for occupancy, is not liable thereafter to pay rent to the lessor or owner of the building; unless, otherwise provided by written agreement. Under such circumstances as just described, the lessee may quit and surrender possession of such premises.
Month to month tenancies may be terminated by either party by giving written notice to the non-terminating party, the time period of which notice shall be equal to the interval between the times when the rent it is due, 14 days in writing to quit, given by the landlord to the tenant, is sufficient to terminate the lease.
When the lessee or tenant of real estate holds over and retains possession thereof after the expiration of the term of the lease without any contract with the owner, no tenancy for any other period than the shortest interval between the times of payment of rent under the terms of the expired lease shall be implied as governing the terms of the hold over tenancy.
Every person who shall, between November 15th and April 15th following, remove, abandon or vacate any building, which contains plumbing, water or other piping liable to injury from freezing, occupied by him or in his possession as a tenant, expect upon the termination of his tenancy, without first giving notice of his intention to so vacate, shall be guilty of a misdemeanor as well as liable in a civil action for all damages caused by his failure to give such notice.
Subdivision 1. In all leases of residential premises, whether in writing or verbal, the lessee agrees as follows:
a) That the premises and all common areas are fit for the use intended by the parties.
b) To keep the premises in reasonable repair during the term of the lease; except, when the disrepair has been caused by the willful, malicious, irresponsible or negligent conduct of the lessee or person under his direction or control.
c) To maintain the premises in compliance with the applicable health and safety laws of the Red Lake Reservation during the term of the lease; except, when violation of the health and safety laws has been caused by the willful, malicious, irresponsible or negligent conduct of the lessee or person under his direction or control.
Subdivision 2. In all leases of residential premises, whether in writing or verbal, the lessee agrees that he shall be personally liable for all damages caused during the term of his tenancy, ordinary were and tear excluded.
Subdivision 3. The lessor may agree with the lessee that the lessee is to perform specified repairs or maintenance but only if the agreement is set forth in writing. No such agreement may waive the provisions of Subdivision 1 hereof or relieve the lessor of the duty to maintain common areas of the premises.
Subdivision 4. The agreements in this Section shall be in addition to any agreements or conditions imposed by law or by the terms of the lease.
Subdivision 1. If a tenant abandons rented premises, the landlord may take possession of the tenant's personal property left on the premises. The landlord shall store and care for the property. The landlord shall have a claim against the tenant for the reasonable costs and expenses incurred in moving the tenant's property and in storing and caring for the property. The landlord may sell or otherwise dispose of the tenant's property thirty (30) days after it reasonably appears to the landlord that the tenant has abandoned the premises.
The landlord may apply a reasonable amount of the proceeds of the sale to the removal, care and storage costs and expenses defined herein. Any remaining proceeds of the sale shall be paid to the tenant upon written demand. Before the sale, landlord shall make reasonable efforts to notify the tenant of the sale in writing at least ten (10) days before the sale. The landlord shall give such notice of the sale by personal service, if possible, or by sending written notification by certified mail, return receipt requested, to the tenant's last known address, if known by landlord, and by posting a notice of the sale, for two (2) weeks, on the premises and at two (2) public locations on the Red Lake Indian Reservation.
Subdivision 2. The landlord shall allow the tenant to retake possession of the property upon demand by the tenant and in cases where the landlord has moved the tenant's property, upon payment by the tenant to the landlord of the landlord's costs of removal, care and storage of the tenant's property.
Subdivision 3. If the landlord, his agent or person acting under the landlord's direction or control has unlawfully taken possession of a tenant's personal property, the landlord shall be responsible for paying the cost and expenses relating to the removal, storage or care of the property and shall also be liable for any actual damages caused by the unlawful possession.
A landlord, agent of the landlord or person acting under the landlord's direction or control who unlawfully and intentionally removes or excludes a tenant from lands or tenements or intentionally interrupts or causes the interruption of electrical, heat or water services to the tenant with intent to unlawfully remove or exclude the tenant from lands or tenements shall be entitled to recover from the landlord, agent of the landlord or person acting under the landlord's direction or control the actual damages caused by the unlawful removal.
1303.10 Waste. No tenant shall spoil or destroy any land permit, dwelling, rented tenement, garden's, tree's or other improvements which result in substantial injury to the lessor's interest in the property.
(Section 1303.10 added to Tribal Code by Resolution No. 16-94, dated, January 11, 1994)