AG Lease Law
The most common question I’ve been asked over the years is when and how to terminate an oral lease to make it legal. That’s pretty cut and dried because it’s spelled out in Kansas statute.
For all leases, except written leases signed by the parties that provide otherwise, Kansas law says that notice to terminate farm and pastureland leases must be given:
- in writing
- at least 30 days prior to March 1, and
- must fix March 1 as the termination date of the tenancy.
A few other common points to keep in mind on leases include:
- A lease is a real estate contract giving the tenant right of possession for a given period of time. As a result of the lease, the tenant gets to make decisions for the property, unless spelled out in a written lease.
- The lease grants the tenant possession of the land for 1 year in an oral lease from March 1 to March 1. An oral lease cannot be for more than one year unless it is written, even if both parties agree to it.
- Both the tenant and landowner have responsibility for noxious weed control. The tenant as the primary possessor of the land has first responsibility, but if not controlled, the county noxious weed department has the option to control and charge the landowner.
- Liability for entry to the property is the responsibility of the tenant because they have possession of the land. The landowner can inspect the property and collect rent, but entry of other parties is the responsibility of the tenant.
A copy of the Kansas Ag Lease Law publication is available at our web site at: http://bookstore.ksre.k-state.edu/pubs/c668.pdf