O/T Is there any legal papers I need?

Do I need any legal papers to give to the farmer that is share croping our farm to have him not come back anymore? There has never been any legal papers done in the past. It all has been verbal.
Any advice would be appreciated. Please no smart remarks. I have had enough of those locally.

Here in Iowa the law states.

Any lease that is terminated by landlord or tenant must be done in writing by September 1st to terminate for the following or next crop year.Doesn't matter if there was a written lease or not.

So yea I would send a certified letter to him prior to Sept. to terminate.

Check your laws at your county extension office or with a rural lawyer.

Gary

I think it would definitely be worth a consultation fee for a lawyer.

There are volumes written about this subject, but every state is different. In Illinois notice must be given in writing by October 31st I think. No matter, terminating the agreement in writing is the only thing that will work.

From the tenant side, the landlord could be responsible to the tenant for any lime or fertilizer value that is deemed to be left from previous applications. There is also a possiblity that the landlord could be financially liable to the tenant for any physical improvements to the property.

Thank You. I am greatful for the advice you all have given me. I will contact a lawyer tomorrow. I should have asked here first.

Tom, this can vary according to your state, Im more familiar with Indiana law as thats the only State in which I practice. A few things come to mind: Generally speaking, if I recall correctly, a lease which is for a term of a year or more must be in writing to be enforceable in the Courts (Statute of Frauds). HOWEVER that does NOT mean its illegal absent a writing, it simply means if you want the Court to enforce a lease and its term is a year if its NOT in writing forget it. ALSO agricultural leases are a breed of their own with some differences versus residentail leases and they are also very local

The next thing for consideration is that verbal leases are legal and enforceable (not withstanding the above if over a years term) however absent a writing its tougher to enforce them because the terms (if in dispute) need to be litigated.

SO NOT HAVING RESEARCHED ALL THE FACTS NOR FAMILAIR WITH YOUR STATES LAWS ALL I CAN OFFER IS AN EDUCATED PROFESSIONAL OPINION AND ITS WORTH JUST WHAT IM CHARGING YOU N O T H I N G

I would send the tenant a pre paid registered US mail return receipt certified letter (the type where he has to sign for and you get the Green Card receipt). In it you are placing him on NOTICE the prior verbal lease IS TERMINATED AND CANCELLED. That way he is at least been put on NOTICE that the past verbal agreement is cancelled.

Now heres the deal, Id recomemnd this REGARDLESS of your states laws or Indiana laws for that matter, because you are still placing him on LEGAL NOTICE of your intentions that way he has at least an opportunity to respond or ignore it or challenge or question it or take the matter to Court if your states laws dont allow cancellation absent certain time limits etc. Since theres no writing or terms to hang your hat on as far as the proper procedure concerning cancellation and its all been verbal the least you should do (per my professional although unresearched advice) is to give hom notice of teh cancellation.

CAUTION in these verbal arrangements the Court, as a matter of equity, WOULD REALLY FROWN ON AND TAKE HIS SIDE should he have leased it for years and you up at the last minute tell him NOOOOOOOOOOO its not yours now. Absent a writing the Courts reallyyyyyyyyy look at past procedures and could as a matter of law make a judicial determination what you did is untimely and patently unfair and rule in his favor !!!!!!!!! Soooooo again my best unresearched advice is TO THIS ASAP.

FINAL CAUTION: I get a kick out of these legal questions here because everyone and his brother in law comes out of the woodwork with their ALBEIT WELL INTENTIONED lay legal opinions and quick answers. Some are right on and excellent lay opinions while others are wayyyyyyyyy off base.

SOOOOOOOOOO ID ADVISE YOU TO SEEK LOCAL LEGAL COUNSEL WITH A PROFESSIONAL ATTORNEY WHO PRACTICES IN THIS SPECIFIC AREA OF LAW. Another problem is while someone may quote you accurate law, it may apply to written leases while all you have is verbal and that can be a totally differernt ballgame............

SEEK LOCAL COUNSEL but if you dont I would still at least send him a certified letter of your intentions ASAP

Best wishes n God Bless

John T in Indiana, retired Engineer and Attorney at Law

Oct. 1 sounds a little late to me.

Winter wheat would have already been planted for the next year.

I bet it is earlier than 10/1.

Gary

It's September 1st here in Nebraska, also. At least last year when I raised the cash rent, I had to notify my renter of my intentions and reach an agreement before Sept. 1st, even though the actual lease wasn't written until the first week in January.

But, we're sociable. That makes a difference.

Yep,

We usually just stop and visit along the road; don't bother shelling out money to the lawyers.

Allan

Thank You John T

In my area it is Sept 1st and notice must be in writing. Not matter who you deal with be if friend,family or new party entirely,ALWAYS GET IT IN WRITING. Also SIGNED by both parties involved,you will not believe the headaches this eleminates

I would send a certified letter with your intentions and ask for a come back copy when he signs for the letter. Hal

Hey Allan, I resemble that remark lol Fortunately Im a retired engineer/farmer so I dont need to practice much law really (just have n want a lil country practice) buttttttttt dont you feel sorry for those young starving lawyers LOL LOL they have lil kids that need milk n shoes n here you darn guys wont give em your hard earned money

With tongue in cheek

John T

PS I think Ima gonna shell out $800 for that ODE Banjo today, I need to go sue someone to get that money back..........

It's actually October 31st, I looked it up.

But, like John T says it's more complicated than that. I have included a link that gives some food for thought on the subject.
Verbal Leases in Illinois

Knowing full well that a little knowledge is dangerous, to my fellow Jail-house Lawyers, here is info that makes us even more dangerous.
Legal Definitions

The best way to terminate a lease is to have the tenant sign a release. A registered letter is pretty abrupt, the language is insulting or at least offending to some, and can create ill feelings. A release is like giving a coach an opportunity to resign instead of being fired. I done this for nearly 40 years in my business and almost never have a tenant refuse to sign. Usually I go out armed with a release in my hand and a notice to quit in my back pocket, just in case.

John,

Just wanted to say, thanks when you can add to legal discussions. I can understand why you put all the disclaimers in, but your posts do add to everyone's knowledge.

Thanks.

Have you talked to him about it yet? Common courtesy dictates that you talk to him first, rather than just handing him paperwork. I would do it as soon as possible, rather than worrying about the deadline in your state. I'm sure you're way ahead of the deadline right now, and by notifying him early, it gives him more time to try to replace the acreage for next year. After reviewing the responses, I like Elsie71's the best

Better get a lawyer. In KS it is controlled by statute. March 1 (if I remember correctly) with a letter sent (certified or registered, I forget) containing certain language. It can vary by the crop. Even though wheat harvest is in the summer, miss that March deadline and the farmer can legally plant again in the fall and harvest it the next year. Strict law.

Best to work it out and get him to agree and then get a release if necessary and if his word isn't good enough for you. Farmer gets to harvest crop but does no more so he does not have to spray, fertilize, disk, plow, chisel, or begin working the ground for the next crop. Also he may want something if he put down some lime or something else such as terracing. Most farmers who deal with landlords will not fuss too much. They don't want you going to your fellow landlords saying bad things about him. Now if you have a lot of acres and he just bought a new super huge tractor and combine for it then expect to do it by the book with a lawyer.

How many acres do you have? Have you just talked to the guy about changing the terms of the lease?
Are you just mad at the guy cause he harvests your crop last? Does he farm so much that he is too busy to give you the time of day? Many problems and many things can be worked out.

Terminating the old lease is fairly easy. Knowing how to negotiate a new lease and get the right terms is a whole new story. You don't like your oral lease now, you will need a lawyer to put a new one into writing anyway. Get all your ducks lined up now because you will need a new landlord waiting in the wings or possibly go a year cropless or end up with a worse situation.