Statutes, codes, and regulations
Code of Federal Regulations
Title 25 - INDIANSChapter I - BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIORSubchapter H - LAND AND WATERPart 162 - LEASES AND PERMITSSubpart C - RESIDENTIAL LEASES
EFFECTIVENESS, COMPLIANCE, AND ENFORCEMENT
Section 162.371 - What will BIA do if a lessee remains in possession after a residential lease expires or is terminated or cancelled?

25 C.F.R. § 162.371

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Current through November 30, 2024
Section 162.371 - What will BIA do if a lessee remains in possession after a residential lease expires or is terminated or cancelled?

If a lessee remains in possession after the expiration, termination, or cancellation of a residential lease, we may treat the unauthorized possession as a trespass under applicable law in consultation with the Indian landowners. Unless the Indian landowners of the applicable percentage of interests under § 162.012 have notified us in writing that they are engaged in good faith negotiations with the holdover lessee to obtain a new lease, we may take action to recover possession on behalf of the Indian landowners, and pursue any additional remedies available under applicable law, such as a forcible entry and detainer action.

25 C.F.R. §162.371