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.
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Revised Spokane Law & Order Code, 5/14/2013