{"data":{"id":"us/25-cfr-162.328","jurisdiction":"us","citation":"25 CFR 162.328","heading":"Must a residential lease provide for rental reviews or adjustments?","body":"(a) For a residential lease of tribal land, unless the lease provides otherwise, no periodic review of the adequacy of rent or rental adjustment is required if:\n(1) The tribe states in a tribal certification or authorization that it has determined that not having rental reviews and/or adjustments is in its best interest; or\n(2) The lease is for housing for public purposes.\n(b) For a residential lease of individually Indian owned land, unless the lease provides otherwise, no periodic review of the adequacy of rent or rental adjustment is required if:\n(1) The lease is for housing for public purposes;\n(2) The term of the lease is 5 years or less;\n(3) The lease provides for automatic rental adjustments; or\n(4) We determine it is in the best interest of the Indian landowners not to require a review or automatic adjustment based on circumstances including, but not limited to, the following:\n(i) The lease provides for payment of less than fair market rental; or\n(ii) The lease provides for most or all rent to be paid during the first 5 years of the lease term or before the date the review would be conducted.\n(c) If the conditions in paragraph (a) or (b) of this section are not met, a review of the adequacy of rent must occur at least every fifth year, in the manner specified in the lease. The lease must specify:\n(1) When adjustments take effect;\n(2) Who can make adjustments;\n(3) What the adjustments are based on; and\n(4) How to resolve disputes arising from the adjustments.\n(d) When a review results in the need for adjustment of rent, the Indian landowners must consent to the adjustment in accordance with § 162.012, unless the lease provides otherwise.","path":["Title 25—Indians","CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR","SUBCHAPTER H—LAND AND WATER","PART 162—LEASES AND PERMITS","Subpart C—Residential Leases"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-25.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:59Z","sha256":"cac0f59b6b3eab84e90a9dd1f81ee95f218334600ca806d4411379f68ddf1425","source_id":"us-cfr","stale":true,"prev":"us/25-cfr-162.327","next":"us/25-cfr-162.329"},"notice":"GroundRules: Original legal text. Not legal advice."}