Where do I start?

Originally published April 5, 2002

Subject: Where do I start?

Many posters may be unfamiliar with the issues involved
in leasing cropland, which are considerably different than
renting a house or apartment.

Firstly, it is very common for deals to be done on a handshake
or with a rather sketchy contract. Whether you think that is
good, bad, or whatever, that's the way it is. The standard
terms and conditions, set by law for housing, don't apply
to cropland.

Secondly, the potential for confusion isn't nearly so great.
The tenant doesn't move in. So there's no need to evict them.
And the various protections that make landlord/tenant
relationships difficult for landlords with houses and apartments
don't really apply.

Thirdly, the crops are the personal property of the tenant.
The landlord, or whoever buys the land, or whatever,
doesn't own them. They belong to whoever planted them.
That is completely independent of the lease or whatever.
Law varies from state to state, but if the tenant doesn't
take the crop out, the landlord can generally have it
harvested and then is obligated to give the crop or the
proceeds from it to the tenant, less harvesting costs.

Fourthly, there are various provisions of law that
address cropland specifically, such as (in Minnesota)
the one-year limitation on verbal leases, and provisions
regarding fence maintenance by tenants.

Finally, the renters are as a rule people with assets
and standing in the community. They are as a rule
less willing to take advantage of a landlord than the
typical apartment dweller.

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