It is essential to ensure that you and your tenant are operating from a written farm lease agreement. This will provide the certainty and clarity that is key to defining the terms of the agreement and to maintaining a strong long-term relationship. It isn’t a prerequisite that a written farm lease needs to be a complex and complicated document. However, 9 key provisions that every written farm lease should cover include:
1) Proper identification of the parties
2) Description of the purpose of the lease
3) Description of the property to be leased
4) The term of the lease
5) Lease price and payment terms
6) Responsibilities of Landlord/Tenant and Prohibited Activities/Farm Management Practices
7) Insurance
8) Actions/Activities triggering Default and termination provisions
9) Assignability of lease and/or right to sublease
A simple written lease incorporating these key terms is a great start to producing a written lease that can reduce the likelihood of future disputes. However, this is not an exhaustive list of provisions that should be contained in a written lease agreement and it is important to consult an Ag law attorney to assist you in drafting and reviewing a complete and comprehensive lease agreement.
If you’d like to know more about this blog, or agricultural law, please contact one of our attorneys at info@goosmannlaw.com. For any other questions or comments, contact Goosmann Law Firm below.
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