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firing a tenant farmer-how much notice to give

C

chuck t

Member
I have seen things on this forum that some states have laws that a landlord has to give a tenant farmer a certain number of days notice that they will not be farming a particular place for the follow year. Anyone know if Missouri has such a requirement?
 
here in iowa a tenent must be giving formal notication by sept 1 if there is goin to be a change in the contract, or if you getting a tenent. unless it agreed by both parties.
he has the right the to harvest an bale the product. if he has put any type of fertilizer on he has a right to so many years or you might have to pay him for some of the fertilizer,
 
I have had experience with this, the answer is the sooner the better. Local custom and what the Judge thinks is fair appears to overrule any state law. If the tennant has spent on imputs to that land (fertilizer or whatever)he is almost certianly going to get it for the next year.
 
In Iowa the deadline for either the tenant or the landowner to terminate a lease is Sept. 1st of the year prior to the year of termination.

So if you want to termanate for the 2012 crop year notice had to be given before 9/01/11.

The reason for this is so the tenant does not fertilize or do fall tillage work aftr harvest only to find out he will not be farming the farm for the next season.

Many landowners terminate every year to keep their options open for amount of rent and who they want to rent it.

Gary
 
Just read that in Missouri you have to give notice 60 days prior to the date of experation on the lease if it is a annual lease. 30 day notice if the lease is month to month

Do you have a experation date in your lease?

The lease can either be written or oral.

Gary
 
Same is Virginia.
Lot of landlord try to ignore, or don't know, the law.
Had a landlord (lady) call one January "I've sold the land and am terminating your lease. I'll return your money." My response "Sorry that not quite enough has I have already applied lime and fertilizer, I think I can get my money back for the rest of the fertilizer and seed. You do know the law says you have to tell me before September 1 of the preceeding year."
I finally got a call from the buyer that I could rent that year but it was terminated for the following year. Turned out he was a relative of a neighbor farmer and i had made it easy by putting in a 30' field entrance. Oh Well.
 
Might depend on the number of acres involved also. Under 40 in SD you don't have to give early notice.
 
That's the way it is in NE too. Even with an oral agreement. If I don't hear anything by Sept 1st I know I'm good for another year.
 
In New Mexico it is not just state but also by county. Where I do most of my farming, The owner must give notice 90 days prior to final harvest if its a yearly. If its a 15 year like most of mine are, its a one year notice. If the property is sold, then the new owner is responsible for the contract. Some west coast immigrants found that out a few years ago. They bought up a bunch of land that was under cultivation to build a subdivision. They started digging and the farmer presented the contract and they contested it. They took it to court and now the farmer is retired and has a summer and winter home. They had to pay for the cost of the crop loss for the next 13 years including the calculated profit taking in consideration the projected inflation rate. We still are a right to farm state and if you read the fine print that means the farmer takes precedence over the housing industry. Still makes me sick that they built a bunch of homes on prime growing land and an there is sand hills all around that won't support weeds.
 
Kinda funny but mt SIL's brother isn't the brightest crayon in the box. 3 years ago he rented some land for that crop year and put in alfalfa thinking that the landloard would have to rent to him for the life of the crop (step dad convinced a few people that they had to let him have the following year cause he put in winter wheat already)......so step son trys to follow in his foot steps. Long about the end of July the landloard tells him nope you aint getting it next year!


Rick
 
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