Verified FBN Member (NE)

General

How much notice does the land owner have to give the farmer when he ends a verbal rent agreement?

I rent 60 acres from a family member on a verbal agreement. It's been this way for 4 years. Today I was told by a neighboring farmer that he rented the ground for the 2021 season. He was unaware that I have not been notified yet. I was wondering if anyone knows what rights I have to farm it for the 2021 season Or if I should just let it go?

11


Verified FBN Member (NE)

In Nebraska with a verbal agreement they have to give you six months written notice. Verbal agreements go from March 1st to February 28th

1


Verified FBN Member

This makes me want to do some research since we lease ground verbally also.


Verified FBN Member (IA)

In Iowa, verbal is same as written. Sept 1 is the last day to give notice.

4


Verified FBN Member (SD)

Here in SD you have to give notice by September 1st or the lease is renewed on same terms. Search for the law that applies to your state. Personally I have added onto all of my written agreements the same terms, that way you can plan and prepare the land especially if there is an unexpected death or medical emergency. Good luck!


Verified FBN Member (MN)

Laws differ from state to state, but I just had a conversation about this sort of thing with a friend who is in law school. He told me that anything over a year should be a written and not verbal if you want to have any chance in court. Written leases are pretty easy to draw up and they set certain stipulations on this very situation. All of my leases have a formal notice date in them and it needs...

More

3


Verified FBN Member (MT)

Without a written lease I think you are out of luck. Sadly the vultures are circling more and more to grab anything up.

2


Verified FBN Member (MT)

Sadly neighbors do not always call and check. Our neighbors who we thought were pretty good friends went underneath us and picked up a lease that had been farmed by my family since the 40’s. Great uncle, who lives in Nebraska, inherited it when my great grandparents died. Still really haven’t gotten over it.

2


Verified FBN Member (TX)

I think the lawyer would tell you there is no such thing as a verbal agreement for real estate - Legally, your tenant may not have much of a leg to stand on. However, if they have been preparing the ground as if they have an ongoing lease interest, then I think it would be fair to give a fair length of notice to let your tenant finish out any growing crops, capture any nitrogen applied, etc.

4

Verified FBN Member (MD)

This not true. In almost all states a verbal contract is just as binding as a written contract. The argument then becomes what was the actual verbal agreement. The agreement can also be demonstrated buy what has happened in the past. Also what is the standard in the community.


If the landlord kicks the farmer off without proper notice, that landowner has to make the tenant whole. So how much ...

More

Verified FBN Member (NE)

I believe in ****. he has to give notice by Sept. 1. A quick call to a lawyer should give an answer. You must mean someone who lives near you not a NEIGHBOR. Since you've farmed it for 4 years a NEIGHBOR would have checked with you first.

3