8-3-4.5. TERMINATION OF A PURCHASE AGREEMENT OR MHO AGREEMENT - AMENDMENT.

An agreement of the parties for the purchase of a dwelling may be terminated in the following manner:

  1. Where the landlord is an Indian Housing Authority, the purchase or MHO agreement may be terminated for failure to comply with obligations under the agreement, misrepresentation or withholding of material information with respect to admission, income or family composition or any other material breach of the agreement. In all other cases the agreement may be terminated for its breach.
  2. The notice of termination must be in writing and must contain:
    1. The reason(s) for termination;
    2. A statement that the homebuyer or tenant may respond to the landlord in writing or in person regarding the reason given;
    3. A statement of the time in which the response must be made;
    4. Where the person giving notice is an Indian Housing Authority, a statement that the person may be represented or accompanied by a person of his choice, including a representative of the Tribe;
    5. Where the person giving notice is an Indian Housing Authority, a statement that the agreement will terminate on the thirtieth (30th) day after the date of receipt of the notice, but that if within that time the person receiving notice gives satisfactory evidence or assurances he or she will cure the breach and continue to carry out his or her obligations under the agreement, the Indian Housing Authority may rescind or extend the notice. There shall also be a statement that if there is no rescission or extension, the agreement shall terminate on the thirtieth (30th) day after the date of receipt of the notice;
    6. In situations where the person giving notice is not an Indian Housing Authority, the notice must state the date of termination of the agreement, which must be no sooner than the thirtieth (30) day after delivery of the notice.
  3. In all cases, the notice must be delivered no less than thirty (30) days prior to the termination of the agreement and a reasonable opportunity must be given to the person receiving notice to discuss or contest the reason for termination and to cure any breach.
  4. Notice may be delivered in the same manner as notice to terminate, quit or cancel under Section 8-3-4.3 (b).
Rosebud Sioux Trabe logo.

Downloadable Forms

Seach for available forms on the Rosebud Sioux Tribal Court document manager. This includes Constitutional Amendments, Motions, ProSe forms, etc.

Office | (605) 747-2278