For Release January 9, 2005

Farm Lease Law Deadline Approaching

AGRI-VIEWS
by Chuck Otte, Geary County Extension Agent

Recent surveys have shown that over 75% of all farm leases are oral agreements. The landlord and the tenant agree on the terms, shake hands and that's that. Kansas law recognizes oral farm leases as being legal and binding. But the same Kansas law outlines some very specific details of oral leases, farm more than most landlords and tenants realize.

Landlords and tenants need to remember that a lease, even an oral lease, is considered, by Kansas law to be a contract. Subsequently, if a dispute arises from the lease, it will be viewed and

Once an oral lease is agreed on, it will continue from year to year until proper termination is given. More on that later. Additionally, once the land is leased, the lease is equivalent to the sale of the land for the length of the lease. Technically, there are only certain instances when the landlord can enter the property without it being considered trespassing. Along with the rights to farm the land, other rights, such as the right to hunt goes along with the lease. The only legal way to rent out the land for agricultural purposes and retain the hunting rights is to have a written lease outlining these conditions.

While oral leases continue year to year until terminated, an oral lease is unenforceable if it cannot be performed in one year. Therefore if a rental agreement has conditions such that it cannot be performed in one year from the time the lease agreement is made, the lease must be in writing to be legally enforceable.

Since a lease is tied to the property a sale of the land does not terminate the lease. The new property owner is bound to the terms of the lease as negotiated by the previous owner. This is especially important for potential new owners, and those involved in the sale of the property, to be aware of. While the new owners have title to the land, they may not have access to it until the termination of the lease, unless the tenant voluntarily terminates the lease.

Proper termination of a lease is perhaps the most crucial part of the oral lease statutes of the farm lease law. For all oral and written leases, EXCEPT written leases signed by parties which provide otherwise, notice to terminate a farm tenancy must follow theses requirements. Notice must be given in writing. It must be presented at least 30 days prior to March 1. It must fix the termination date of the tenancy to take place on March 1 with the exception of a fall seeded grain crop, such as wheat. The tenancy termination date for those acres planted to the fall seeded grain crop will the day following the last day of harvest OR August 1, whichever comes first.

If a property has crop acres that is partly planted to wheat and the rest is in other spring seeded crops, then the acres not planted to wheat would come under the control of the owner or the new tenant on March 1, the acres planted to wheat on the day following the last day of harvest. Pasture leases now also fall under this same law requiring notice to be given 30 days prior to March 1 and setting the termination date as March 1.

This is a quick overview of some of the more critical portions of the Kansas Farm Lease Law. For more detailed information, and a sample lease termination letter, stop by the Extension Office and ask for a copy of the bulletin, Kansas Farm Lease Law.

-30-

Return to Agri-Views Home Page

Return to Ag Home Page