Submitted by Carla Nemecek, Southwind Extension District
A critical date is quickly approaching for landowners who wish to terminate their leases with their tenants.
According to the Kansas Farm Lease Law, notice to terminate a farm lease must be given in writing at least 30 days prior to March 1, and must fix the termination date of the tenancy of March 1. This applies to both pasture and crop leases.
If there is a fall seeded crop, such as wheat currently planted, the lease is terminated the day harvest is completed or August 1, whichever comes first. This only applies to the portion of the land that has been seeded to a fall crop. Notice must still be made 30 days prior to March 1, stating the termination date as March 1, on land seeded to fall crops.
The same is true if a tenant has either worked the ground or prepared it with normal farming practices, but has not yet planted a fall crop before receiving notice. But, if the landlord gives notice before the tenant prepares the ground for the planting of a fall crop, the lease ends on March 1.
The best way to serve a notice of termination is by registered mail as the tenant must sign a receipt for the notice. If the notice is given by mail, it must be done by certified or registered mail. When service is by registered mail, it is important that the landowner keep the return receipt for proof of notice of termination.
Death of a landowner or sale of the land does not terminate an oral lease; the new owners must follow the terms of the lease.
The only exception to the deadline of 30 days prior to March 1, is written leases signed by both parties which state that the termination date is otherwise; in this case, a notice of tenancy termination is not required. In the case of a written lease, the landlord and tenant can set any start and termination date they want.
If you would like more information concerning the Kansas Farm Lease Law please contact any of the Southwind Extension District Offices, or visit www.agmanager.info.