Bad River Band of the Lake Superior Chippewa Indians Law Library
Bad River Band of the Lake Superior Chippewa Indians Tribal Code.

1.24.130 Notice Terminating Tenancy for Failure to Pay Rent or Other Breach by Tenant

(a) Failure to pay rent.

(1) Periodic tenancies of a period of one year or less; leases for one year less.

(A) If a tenant has failed to pay rent under a periodic tenancy of a week to week, month-to-month, or other period less than and including year-to-year, the landlord may terminate the tenancy if the landlord gives the tenant notice that tenant must pay rent or vacate the premises within ten days of the date of the notice, and if the tenant fails to pay accordingly.

(B) If notice has been given by a landlord to a tenant under sub. (A), above, and tenant has paid rent or otherwise been permitted to remain in possession on the premises, and within one year of the notice again is in default on rent, the landlord may terminate the tenancy by giving tenant notice that tenant must vacate the premises within 14 days of the date of the notice.

(2) Leases for more than a year. If a tenant has failed to pay rent under a lease of more than a year, a landlord may terminate the tenancy as provided in, sub. (1), above, except that the time given to vacate the premises or pay rent under sub. (1)(A) and the time given to vacate under sub. (1)(B) shall be 30 days from the date notice is given.

(b) Default other than failure to pay rent.

(1) Periodic tenancies of a period of one year or less; leases for one year or less.

(A) If a tenant commits waste or a material violation of Section 1.24.080(c) or breaches any covenant or condition of the rental agreement (other than for the payment of rent), the landlord may terminate the tenancy if the landlord gives the tenant notice that the tenant must remedy the breach or vacate the premises within ten days of the notice, and if the tenant fails to remedy the breach.

(B) A tenant is deemed to be complying with a notice under sub. (A), above if promptly upon receipt of such notice he takes reasonable steps to remedy the default and proceeds with reasonable diligence, or if damages are adequate protection for the landlord and the tenant makes a bonafide and reasonable offer to pay the landlord all damages for his breach.

(C) If within one year from the giving of notice under sub. (A), above, the tenant again commits waste or breaches the same or any other covenant or condition of his lease (other than for payment of rent), his tenancy is terminated if the landlord, prior to the tenant's remedying the waste or breach, gives the tenant notice to vacate on or before a date at least 14 days after the giving of the notice.

(2) Leases for more than a year. If a tenant commits waste, or a material violation of Section 1.24.080(c), or breaches any covenant or condition of the rental agreement (other than for the payment of rent) the landlord may terminate the tenancy as provided in sub. (1), above, except that the time given to remedy the breach or vacate under sub. (1)(A), and the time given to vacate under sub. (1)(C), shall be 30 days.