CHAPTER 28 - UNLAWFUL DETAINER Section 28-1 Purpose and Jurisdiction 28-1.01 Purpose. It is the legislative intent and purpose of the Spokane Tribal Council in enacting this Chapter: (a) To promote the health, welfare and peace of the people of the Spokane Reservation by providing an orderly, efficient and peaceful method of determining the rights of people to be on the lands of the Spokane Reservation and evicting them when necessary and just to do so. (b) To provide a judicial remedy for those who claim they are being evicted wrongfully from their lands or homes. (c) To prevent the wrongful damage and destruction of the real property and buildings of the people of the Spokane Reservation. 28-1.02 Jurisdiction. The Spokane Tribe of Indians enacts this Code to apply to all lands under its jurisdiction, namely all lands and water areas within the exterior boundaries of the Spokane Reservation, any extensions of the Reservation, and all Spokane Tribal and allotted Indian lands outside the exterior boundaries of the Spokane Indian Reservation, as well as those lands that fulfill the definition of "Indian Country" as defined in 18 USC Section 1151. Section 28-2 Definitions 28-2.01 Definitions. For the purpose of this Code, the following words and phrases shall, unless otherwise indicated, have the following meaning: (a) “Forcible entry” means any person who enters upon any real property by means of any kind of violence, fraud, intimidation, stealth, or circumstances of terror; or who, by force, threats or menacing conduct, forces the party in actual possession of any real estate to leave. (b) “Forcible detainer” means any person who by force or threats of violence, unlawfully holds and keeps the possession of any real property; or who in the nighttime or during the absence of the occupant of any real property, enters real property and refuses for the period of 3 days to surrender the same to such former occupant when ordered to leave. (c) “Secretary” means the Secretary of the United States Department of Housing and Urban Development (HUD) or his or her designee, attorney or agent, or the assignee of the Secretary. (d) “Unlawful detainer” means a tenant of real property, who has less than a life estate, is guilty of unlawful detainer if: (1) The person continues in possession of, or holds over, real property after the expiration of a lease; (2) The person continues in possession of real property even though there is a default in the payment of rent due and owing under a lease, including a lease-purchase agreement, and he or she has been given notice to either pay the rent within 3 days or vacate the premises during that same period; (3) The person continues in possession of the real property after failing to keep or perform a condition of the lease, including a lease-purchase agreement, and fails to cure the defect within 3 days after notice; (4) The person commits waste or other damage or destruction to the property or the buildings, or allows or carries on any unlawful business or nuisance, and remains in possession after 3 days notice to vacate the premises; (5) A person, who without the permission of the owner, and without having any color of title, enters upon the land of another and who fails to leave after 3 days notice. (6) The person continues in possession of real property after the interest of a person in a Homebuyer Opportunity Agreement or other contract or agreement to purchase a home situated on such property has been forfeited or terminated. A. Such an agreement shall include a lease-purchase agreement under which the option to purchase has been exercised. (7) After the interest of a person in a lease has been foreclosed in a leasehold mortgage foreclosure proceeding. 223 Revised Spokane Law & Order Code, 5/14/2013

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