Subpart C. Subpart C—Residential Leases

• Residential Leasing General Provisions

  • SECTION § 162.301 - What types of leases does this subpart cover?
  • SECTION § 162.302 - Is there a model residential lease form?
  • SECTION § 162.303 - Who needs a lease for housing for public purposes?

• Lease Requirements

  • SECTION § 162.311 - How long may the term of a residential lease run?
  • SECTION § 162.312 - What must the lease include if it contains an option to renew?
  • SECTION § 162.313 - Are there mandatory provisions that a residential lease must contain?
  • SECTION § 162.314 - May permanent improvements be made under a residential lease?
  • SECTION § 162.315 - How must a residential lease address ownership of permanent improvements?
  • SECTION § 162.316 - How will BIA enforce removal requirements in a residential lease?
  • SECTION § 162.317 - How must a residential lease describe the land?

• Rental Requirements

  • SECTION § 162.320 - How much rent must be paid under a residential lease of tribal land?
  • SECTION § 162.321 - How much rent must be paid under a residential lease of individually owned Indian land?
  • SECTION § 162.322 - How will BIA determine fair market rental for a residential lease?
  • SECTION § 162.323 - When are rental payments due under a residential lease?
  • SECTION § 162.324 - Must a residential lease specify who receives rental payments?
  • SECTION § 162.325 - What form of payment is acceptable under a residential lease?
  • SECTION § 162.326 - May a residential lease provide for non-monetary or varying types of compensation?
  • SECTION § 162.327 - Will BIA notify a lessee when a payment is due under a residential lease?
  • SECTION § 162.328 - Must a residential lease provide for rental reviews or adjustments?
  • SECTION § 162.329 - What other types of payments are required under a residential lease?

• Bonding and Insurance

  • SECTION § 162.334 - Is a performance bond required for a residential lease document?
  • SECTION § 162.335 - Is insurance required for a residential lease document?
  • SECTION §§ 162.336-162.337 - §[Reserved]

• Approval

  • SECTION § 162.338 - What documents are required for BIA approval of a residential lease?
  • SECTION § 162.339 - Will BIA review a proposed residential lease before or during preparation of the NEPA review documentation?
  • SECTION § 162.340 - What is the approval process for a residential lease?
  • SECTION § 162.341 - How will BIA decide whether to approve a residential lease?
  • SECTION § 162.342 - When will a residential lease be effective?
  • SECTION § 162.343 - Must a residential lease document be recorded?
  • SECTION § 162.344 - Will BIA require an appeal bond for an appeal of a decision on a residential lease document?

• Amendments

  • SECTION § 162.345 - May the parties amend a residential lease?
  • SECTION § 162.346 - What are the consent requirements for an amendment of a residential lease?
  • SECTION § 162.347 - What is the approval process for an amendment of a residential lease?
  • SECTION § 162.348 - How will BIA decide whether to approve an amendment of a residential lease?

• Assignments

  • SECTION § 162.349 - May a lessee assign a residential lease?
  • SECTION § 162.350 - What are the consent requirements for an assignment of a residential lease?
  • SECTION § 162.351 - What is the approval process for an assignment of a residential lease?
  • SECTION § 162.352 - How will BIA decide whether to approve an assignment of a residential lease?

• Subleases

  • SECTION § 162.353 - May a lessee sublease a residential lease?
  • SECTION § 162.354 - What are the consent requirements for a sublease of a residential lease?
  • SECTION § 162.355 - What is the approval process for a sublease of a residential lease?
  • SECTION § 162.356 - How will BIA decide whether to approve a sublease of a residential lease?

• Leasehold Mortgages

  • SECTION § 162.357 - May a lessee mortgage a residential lease?
  • SECTION § 162.358 - What are the consent requirements for a leasehold mortgage of a residential lease?
  • SECTION § 162.359 - What is the approval process for a leasehold mortgage of a residential lease?
  • SECTION § 162.360 - How will BIA decide whether to approve a leasehold mortgage of a residential lease?

• Effectiveness, Compliance, and Enforcement

  • SECTION § 162.361 - When will an amendment, assignment, sublease, or leasehold mortgage of a residential lease be effective?
  • SECTION § 162.362 - What happens if BIA disapproves an amendment, assignment, sublease, or leasehold mortgage?
  • SECTION § 162.363 - What happens if BIA does not meet a deadline for issuing a decision on a lease document?
  • SECTION § 162.364 - May BIA investigate compliance with a residential lease?
  • SECTION § 162.365 - May a residential lease provide for negotiated remedies if there is a violation?
  • SECTION 162.366 - 162.366 What will BIA do about a violation of a residential lease?
  • SECTION § 162.367 - What will BIA do if the lessee does not cure a violation of a residential lease on time?
  • SECTION § 162.368 - Will late payment charges or special fees apply to delinquent payments due under a residential lease?
  • SECTION § 162.369 - How will payment rights relating to a residential lease be allocated?
  • SECTION § 162.370 - When will a cancellation of a residential lease be effective?
  • SECTION § 162.371 - What will BIA do if a lessee remains in possession after a residential lease expires or is terminated or cancelled?
  • SECTION § 162.372 - Will BIA appeal bond regulations apply to cancellation decisions involving residential leases?
  • SECTION § 162.373 - When will BIA issue a decision on an appeal from a residential leasing decision?
  • SECTION § 162.374 - What happens if the lessee abandons the leased premises?