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Steve Bright 
Orange Level
Joined: 14 Sep 2009
Location: Martinsville, I
Points: 2104
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 Posted: 25 Oct 2010 at 10:15am |
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Indiana has always been Sept 1 also, But in today's time my quess would be who has the best Attorney.
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Sandknob
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Joined: 12 Sep 2009
Location: Oblong, IL
Points: 2456
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Posted: 25 Oct 2010 at 10:16am |
Clovis,
We are considering letting him have it for next year and fall of 2011 I take over. I had actually made two passes (about 14ft total) with a chiesel plow though, so I hope that doesn't throw a wrench into it.
Adam
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John (C-IL)
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Joined: 11 Sep 2009
Location: Illinois
Points: 1654
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Posted: 25 Oct 2010 at 10:26am |
 Sandknob wrote:
Clovis,
We are considering letting him have it for next year and fall of 2011 I take over. I had actually made two passes (about 14ft total) with a chiesel plow though, so I hope that doesn't throw a wrench into it.
Adam |
Well, I'd consider that about as long as it took me to spit. If this guy has the attitude you are describing he will have a year to decide what it is that he can do to make your life miserable and possibly cost your family more than they ever dreamed it would cost to terminate the lease. Let's get real here, it's 20 freaking acres! If 20 acres will break his business he needs to find another career!
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Sandknob
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Joined: 12 Sep 2009
Location: Oblong, IL
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Posted: 25 Oct 2010 at 10:27am |
Good point John. I feel like I am between a rock and a hard place with this one, but we will get it sorted out.
Adam
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Butch(OH)
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Joined: 11 Sep 2009
Location: Lucerne Ohio
Points: 3831
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Posted: 25 Oct 2010 at 10:27am |
I am not aware of such notice laws in Ohio but as a land owner I can see his side because every fall I am hit with unsolcited offers for my place. After being stung a few times losing lime and fall applied fertilizer my tennant asked for a contract before he appplied lime which I gladly gave him. Sounds like legally it's yours in ILL law but if it isnt a big deal to you Id let him have it.
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JoeO(CMO)
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Joined: 11 Sep 2009
Location: Cent Missouri
Points: 2694
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Posted: 25 Oct 2010 at 10:36am |
I went on google, found this for Missouri law and it also mentions other states differences around us. Here is the link;
A good read.
Google; Agriculture Lease Law your state
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Brian Jasper co. Ia
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Joined: 11 Sep 2009
Location: Prairie City Ia
Points: 10508
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Posted: 25 Oct 2010 at 12:43pm |
Sending a notice that you have to go to the P.O. to sign for is easily avoided by not going. If he never goes in to get it, eventually it will be sent back as undelivered. If it is sent return receipt requested, that means the carrier signs off on a statement that it was delivered and you get the receipt sent to you. No getting out of that one.
I'd be inclined to pass on it this year and let baby have his way if it could impact you being able to rent other ground in the future.
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"Any man who thinks he can be happy and prosperous by letting the government take care of him better take a closer look at the American Indian." Henry Ford
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John D
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Joined: 12 Sep 2009
Location: Sherman, IL
Points: 360
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Posted: 25 Oct 2010 at 3:59pm |
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I agree with the 'by November 1st' here in Illinois, and definitely send them a certified letter saying they are out for next year. I think the previous tenant can limit your field work until after February 1st (or close to it) if they really want be a bear. Any seed or fertilizer purchased by them without an agreement with the landowner (cash rent, 50/50, etc) is their liability I'd think. But I'm no lawyer .........
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BigDaveinKY
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Joined: 01 Oct 2009
Location: themiddleof KY
Points: 10
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Posted: 25 Oct 2010 at 4:15pm |
It's possible he may have had the land in a government program that pays him. Like the "right to farm" program, as my renter does with my land.
I took ten acres from my renter this past year to increase my hayfield since I retired and wanted more to do.
About the first of the year he came by and said "we need to have this put into your name. It don't pay much, but if they want to give it out we may as well take advantage of it."
He's right it don't pay much, but if you have a lot of land in the program it's worth not loosing.
To me, it's just a bit of my taxes back, that I'll have to pay taxes on again.
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Brad(WI)
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Joined: 12 Sep 2009
Location: Oxford
Points: 186
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Posted: 25 Oct 2010 at 4:39pm |
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We are losing land this year in the same way. Two different farms we rent are having their kids work it next year. 40 acres each. Another 10 acres we seeded to alfalfa last year the owner is keeping to feed rescue horses. We lost our best land to a "megafarmer" who is trying to take over the area. It's 105 acres of prime ground which we fertilized extra this year for next years soybean crop. This summer he said he was giving up farming his home ground, so we would either lose the 105 or pick up another 400 acres. We weren't the high bidder and lost it. I'm not throwing a fit, I understand land comes and land goes. We work about 1700 acres, so 200 is a big deal to us. If he is getting upset at losing 20 acres, it's his fault. Send him the letter, don't take the chance giving him another year. The way he is acting, I would bet he won't put on any phosphorous or potash fertilizer. He will take a years fertilizer out of the soil reserve.
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Gerald J.
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Joined: 12 Sep 2009
Location: Hamilton Co, IA
Points: 5636
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Posted: 25 Oct 2010 at 5:09pm |
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Don't send him the letter, deliver it in person, with a witness.
Gerald J.
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morton(pa)
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Joined: 11 Sep 2009
Location: Lancaster, PA
Points: 1234
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Posted: 25 Oct 2010 at 5:17pm |
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Gerald, I am going to have to disagree. We have had issues with tenants ourselves (not land tenants, but house-renting tenants, rather) and the courts would rather see a certified letter then a hand delivered letter. A certified letter has proof. You have a receipt that it was delivered. They can't say "we never got it". When your in a court case it becomes a he said she said deal, and the outcome could be determined by what proof you have. Even if you bring a witness, it won't be very good at holding up, as you could get any friend or family member to say "yeah, I was there, he delivered it." with no hard copy of proof.
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RSponenberg
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Joined: 18 Oct 2010
Location: PA
Points: 89
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Posted: 25 Oct 2010 at 5:59pm |
I'm having problems too with our tenant,But what he doesnt know is November 1st will be his last on our place!!! We do a year lease with tenants and thats it,no 2 or 4 or 5yr leases from us. This guy has leased for 2yrs now,no fertlizer,no potash,no lime,sprays 3 times to my one because he won't plant round up resisant beans or corn...Wont plow.... So your not alone..
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wjohn
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Joined: 19 Jan 2010
Location: KS
Points: 1807
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Posted: 25 Oct 2010 at 6:11pm |
I wouldn't feel bad at all about notifying him. Just follow the law and he'll have to deal with it. Some people like to raise a stink about everything and get money if they think they can.
We've got a neighbor that had a sissy fit when someone pulled a modular over land he was renting (they did have permission from the landowner to do this). The guy tried to claim that they had destroyed the alfalfa in the hay field. There hasn't been alfalfa in that field for as long as I can remember. And none came up the next spring either! He never did pay us back for when his cattle got out of his crappy fence and destroyed our market vegetable garden so I have no tolerance for this sort of thing.
Hopefully your tenant isn't this ornery. Regardless, it's your family's land and you have the right to farm it so long as you notify him soon.
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1939 B, 1940 B, 1941 WC, 1951 WD, 1952 CA, 1956 WD-45
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RSponenberg
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Joined: 18 Oct 2010
Location: PA
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Posted: 25 Oct 2010 at 6:28pm |
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Once I have the rent for this year wich he has to pay by November 1st,he WILL know!! Don't want him to back out of paying for this year,or it will cost me more money!!!! Lol.
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Brian Jasper co. Ia
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Location: Prairie City Ia
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Posted: 25 Oct 2010 at 7:15pm |
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You're not having cash rent paid in advance? From what I've found out in Iowa, it's customary to pay cash rent on Dec 1st for the following season. Makes sense to me. Get the rent first. That way if the tennant were to go bankrupt, you don't loose out on the rent.
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"Any man who thinks he can be happy and prosperous by letting the government take care of him better take a closer look at the American Indian." Henry Ford
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ILGLEANER
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Joined: 13 Sep 2009
Location: Willow Hill,ILL
Points: 6442
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Posted: 25 Oct 2010 at 7:54pm |
Sandknob,
He had to have written notice by Sept. 1st or he has the right to farm it. Believe you me I know both sides of this story. You need to put legal description on it. I have a copy that I have recieved before. If you need a copy I will help you out. That is bullsh*t on the imputs,they are alot more now then they were there. He could sell them for a profit now. Just go ahead and send the notice right now so he knows for next year. Then expect him to harvest it as late as possible and rut it if he can. Do I know him?? I am going to the lawyers office tomorrow. Call me tomorrow night I will know without a doubt.
IG
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Education doesn't make you smart, it makes you educated.
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Kenny(AR)
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Joined: 11 Sep 2009
Location: Arkansas
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Posted: 25 Oct 2010 at 7:55pm |
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In Arkansas the farmer has to be notified on or before the last day of June if there is no written contract. Don't think it has been changed in the last few years, I quit in 2002.
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Bill Deppe/AC Salvag
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Location: Maquoketa, Iowa
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Posted: 25 Oct 2010 at 8:01pm |
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Another alternative to an 'official' notice is to have the Sheriff serve it through civil process service or even private process service. Did it for thirty years.
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Sandknob
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Posted: 25 Oct 2010 at 8:07pm |
Well, after discussing it with family they have decided to hold off another year and get everything done properly next year. I can wait, I just hope he will handle the change professionally (I'm not holding my breath).
IG, you probably know him he lives very close by to my parents.
Adam
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Sandknob
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Posted: 25 Oct 2010 at 8:10pm |
Someone on here mantioned about me picking other ground up (I had mentioned it before). This was part of that increase. The other (55 acres) is up in the air, but I still stand a good chance at it. I did pick up 5 more acres this year, and I am fighting to get it turned back into crop ground (it has been pasture). Ground is so hard a moldboard will not go in, and I broke three chiesel points as well. WE NEED RAIN!!!!!!!!
Adam
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Sandknob
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Posted: 25 Oct 2010 at 8:11pm |
IG,
Did you get my message/question about the 200?
Adam
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BurtIA
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Location: Amana, IA
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Posted: 25 Oct 2010 at 8:16pm |
October 31
Sounds like you're going to wait but this is good information to know.
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Life's tough, it's even tougher if you're stupid!
John Wayne
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Sandknob
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Posted: 25 Oct 2010 at 8:18pm |
By the way,
Thanks to all for the replies. What a great site.
Adam
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ILGLEANER
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Location: Willow Hill,ILL
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Posted: 25 Oct 2010 at 8:50pm |
Sandknob,
Does he drive red tractors and live north of your parents? Yes I saw your message. Darry Birch asked me about the 200 I told him I would let him know after harvest. I havent even moved it since I got it home. I hate to sell it,I would have to find another one . But everything is forsale for the right price....lol
IG
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Education doesn't make you smart, it makes you educated.
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Sandknob
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Posted: 25 Oct 2010 at 9:26pm |
IG,
Bingo! I told Darry about the 200 as he was looking for a tractor a while back. Not sure what he decided. I know he was having trouble with his White. I will probably sell my 190, WD45, and A2 Gleaner to fund another tractor. The 190 runs like a top, but needs transmission work. I have been using it in 1st 2nd and 4th gear as it is and its been getting me by.
Adam
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Sandknob
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Posted: 25 Oct 2010 at 9:27pm |
IG,
I meant Bingo on the red tractor comment!
Adam
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RSponenberg
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Posted: 26 Oct 2010 at 4:48pm |
Brian Jasper co. Ia wrote:
You're not having cash rent paid in advance? From what I've found out in Iowa, it's customary to pay cash rent on Dec 1st for the following season. Makes sense to me. Get the rent first. That way if the tennant were to go bankrupt, you don't loose out on the rent. |
If it would be up to me,YES I would have at least half the rent up front.The problem is my 86yr old grandmother,this is the way they always did it.Can't get it thru her head that she may not get a cent and the tenant may have all his crops off!!!
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