(a) The Tribal Court shall determine and include in the judgment damages to which the plaintiff is entitled which were caused by or recoverable on account of any forcible entry or detainer or unlawful detainer proved at trial or otherwise. If the Tribal Court determines that the defendant committed forcible entry or detainer or unlawful detainer with malice, the Tribal Court shall determine and award damages and rent found due and may award punitive damages in an amount not to exceed three times the amount of damages and rent due.

(b) The Tribal Court shall determine and include in the judgment damages and any rent due at the time of judgment, including prejudgment interest, if any, at the prime rate then prevailing but not less than five percent simple annual interest. Tribal Court may award the prevailing party court costs, including reasonable attorneys’ fees and expenses if applicable law allows or the lease contains a provision awarding attorneys’ fees to the prevailing party. Costs shall also include the cost of title reports or investigations required of the prevailing party to comply with the requirements of this chapter.

(c) Nothing in this section shall constitute authorization for the Tribal Court to issue or enforce a judgment for monetary damages against the Tribe or YIHA. [Ord. 31 § 4402, adopted, 7/12/2013.]