Jocco it really depends on what state. Here in Iowa the rental laws are real strict. Here are some over views of the rules.
Termination of a Lease:
A farm lease automatically continues from year to year unless a notice of termination is given by either party. Under Iowa law, the lease termination notice must be properly served by September 1, prior to the end of the lease year. The termination notice must fix the termination of the tenancy to take place on the following March 1. If notice is not served, the lease continues for another crop year upon the same conditions as the original lease. However, if mutually acceptable to all parties concerned, a lease can be terminated or modified at any time.
Landlord¡¯s Lien:
In Iowa, a statutory (created by state law) landlord¡¯s lien exists. The lien is applicable whether the lease is for cash rent or crop share. The statutory lien is a lien ¡°upon all crops grown upon the leased premises, and upon all other personal property of the tenant which has been used or kept thereon during the term and which is not exempt from execution.¡±
Over the years, landlord¡¯s liens have been a powerful device for landlords. A landlord¡¯s lien takes priority over the rights of a purchaser of property subject to the lien and it takes priority over security interests held by lenders. Under current law, a landlord¡¯s lien, to have priority, must be filed using a financing statement (UCC 1 Financing Statement). That¡¯s the same document used by a lender to handle a new secured loan. To be effective, the financing statement must be filed when the tenant takes possession of the leased premises or within 20 days after the tenant takes possession. In addition, the financing statement must include a statement that it is filed for the purpose of perfecting a landlord¡¯s lien.
So you see any liens would have had to be filed long before now to be in effect and the dead line to remove the tenant is long past for this year.
Different rules for different areas. So you really need to consult a GOOD local attorney.
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Today's Featured Article - The Day Mom Drove the 8N - by Brian Browning. My Dad was wanting to put in a garden but couldn't operate the 8N and handle the old horse drawn plow he had found and rigged up to use with the tractor. Well, he decided to go get Mom out of the house and have her drive the tractor while he walked behind the plow. You got to understand that while my Mom is a hard worker who will always help whenever she can... she had never operated farm machinery before that day. Dad got her out there, explained how the clutch was the same as in our o
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