Iowa’s Farm Tenancy Termination
Jason J Smith
Auctioneer & Land Broker
Jason is an experienced farmland broker and auctioneer with extensive experience in farmland sales across this Midwest. Jason has worked with hundreds of clients to create advantageous outcomes. If you are selling land schedule a consultation with Jason by calling or using the calendar.
As we start to wind down Summer and head for harvest an important date is approaching for farmers and farmland owners. If you are planning to sell a farm after the 2015 crop year this is something to pay particular attention to. Iowa law requires that either tenant or landlords of agricultural farmland notify the other party if they intend to break the leasing relationship. The notice goes either way. If a farmer intends to stop farming a particular farm they must notify the landlord and if the landlord intends to take back possession of the farm for any reason which might be a sale, seeking new rental bids or any other reason they must notify the tenant. Law sets the due date for these notices at September 1st of each year. When the notice is served on or by September 1st it becomes effective the following March 1st. If you serve a notice by September 1, 2015 it will become effective March 1, 2017 however if you wait and serve the notice on September 2, 2015 it will not become effective until March 1, 2018. It is very important that the notice be served by September 1st and it MUST BE in writing. A phone call or text message will not suffice.
You can serve the notice in person in writing or you can send the notice by Certified Mail with return receipt. Mailing the notice perfects service as long as you keep a copy of what you mailed and your receipt from the post office showing it was sent. Sometimes they are not claimed on the other end but you’ll have a copy of it and your mailing reciept.
If you intend to notify a tenant or landlord you are going to end the lease agreement you can download the form that is widely used for this purpose below.
If you need assistance or have questions call us at (712)592-8965 and we can answer your questions.
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