8-3-4.3 MANNER OF GIVING NOTICE - AMENDMENT.

  1. Notices other than notices to cancel or terminate an agreement. Any notice to a landlord or tenant to comply with the agreement of the parties or this code, other than a notice to cancel or terminate the agreement of the parties, may be given as provided by the agreement of the parties by mailing to last known address of the tenant.
  2. Notices to cancel quit or terminate agreements, and Summons and Complaint. Any notice to cancel or terminate an agreement for the purchase, notice to quit, or Summons and Complaint delivered to tenant must be in writing, and must be delivered to the tenant or landlord in the following manner:
    1. Delivery must be made by:
      1. A law enforcement officer of the Tribe, an agency of the United States, or where otherwise provided by law, the State;
      2. Any person authorized by the Tribal Court to complete service of process; or
      3. Any adult member of the Tribe who resides on the reservation who is not party to the action.
    2. Delivery will be effective when it is:
      1. Personally delivered to a tenant;
      2. Personally delivered to any person over fourteen (14) years of age in the premises; or
      3. Personally delivered to an adult agent or employee of the landlord or tenant.
    3. If the notice cannot be given by means of personal delivery or the landlord or tenant cannot be found after one attempt, the notice may be delivered by means of:
      1. Certified mail, return receipt requested, at the last known address of the landlord or tenant; or
      2. Securely taping a copy of the notice to the main entry door of the premises in such a manner that it is not likely to blow away, and posting a copy of the notice in some public place near the premises, including a tribal office, public store or other commonly-frequented place.
    4. The person giving notice must keep a copy of the notice and proof of service in accordance with this action, by signed return or other manner recognized by law.
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