The legal specialists at ALEI are dedicated to educating farmers and landowners about the importance of having a simple written farm lease. A good farm lease clearly delineates responsibilities and prevents conflict by anticipating the future needs of both parties.Read More
This post is not legal advice. See the site’s reposting policy here.
As we draw closer to summer, I will start reminding you that it’s the time to consider terminating a farmland lease to comply with state law. In Maryland, farmland leases require six months’ notice to terminate without a written lease stating a different requirement. For many leases in Maryland, this means notice to terminate must be given by June 30. This six months’ notice requirement is just for agricultural leases and not for other types of leases. Residential leases, for example, often require shorter time periods to terminate than do agricultural leases. The Iowa Supreme Court has found that one old mare on six acres is not enough to create an agricultural lease which requires longer notice to terminate the lease.Read More
Happy Friday! Here is our weekly update of news and upcoming events.Read More
Every so often, one of us is asked: How much time does a farm tenant have to leave the farm property once the lease is terminated or when the tenant is evicted for nonpayment? The confusion is a common issue and comes up in discussion of farm leases frequently.Read More
This post should not be construed as legal advice
I’ve currently been taking a few calls over the question, does your landlord’s selling the farm terminate your existing lease? My best answer is no, but potentially it can. The answer depends on the existence of a written lease and the terms in that lease. The answer will also depend on whether the buyer had notice of the tenant’s existing lease.Read More
Happy last day of the work week (or happy weekend depending on when you are reading this). I am back and refreshed after a week on the family farm in Oklahoma. My thanks to Ashley and Sarah in helping me put this together.Read More
Note: This post is not a substitute for legal advice and you should always consult an attorney in your area.
You probably thought that I was done harping on lease issue now that it is after July 1. Well sadly, there are no rules that require me to not post on this topic. Now that notice to terminate has potentially been given to you, how should you act? You may laugh that I would ask that question, but a recent decision out of Michigan highlights how not to act when you receive notice of termination from your landlord.Read More
This blog post is not a substitute for legal advice.
This is my final warning to many of you that you need to consider updating your leases before July 1. What will I write posts about after July 1? Your guess is as good as mine, but in Maryland, agriculture leases, unless stated otherwise in the lease, require 6 months’ notice to terminate (Md. Code Real Prop. § 8-402(b)(3)). Many of you like to tell me that notice has to be given by June 30th which is true if your lease began on Jan. 1. For many of you, your leases will begin on Jan. 1 (traditional start date for many leases in Maryland), but you should check your lease to determine if it states a date that the lease began on and calculate 6 months from that date to get your lease termination notice deadline. Regardless of when notice needs to be given, you should start considering the hard issue of should you keep leasing under the same terms, keep leasing under new terms, or terminating the lease.Read More