ABSTRACT
With about half of the agricultural land in the United States rented or leased, the discussion of landlord-tenant law in Chapter 7 is very important. The elements of the landlord-tent relationship are set forth in the chapter. Elements unique to agricultural tenancies are explained. The multiple different types of landlord-tenant relationships are discussed in turn. Requirements of a writing and recording of that writing are discussed along with the wisdom of such a writing and recording even when not required by law. The mutual duties are of the landlord and the tenant are explained along with how the risk of loss is allocated when the subject matter of the lease are damaged or destroyed. Crop ownership, the right of the tenant to sue for torts of third parties, and liability for injuries on leased property are discussed. Assignments and sublets, the distinction between the two, and when allowed are explained. Eviction, the right of the tenant to remove fixtures, and allocation of farm program payments are discussed briefly. Residential leases are discussed as a contrast to agricultural leases. Licenses, employment relationships, partnerships, and inns (hotels) are distinguished from leases. The dangers of a purported agricultural lease being characterized as one of these other arrangements are noted.
