Over half of the farmland in Kansas is leased. Therefore, there are many different lease arrangements, factors to consider, and places where misunderstandings can happen. Additionally, many leases are still oral leases that are “signed” with a handshake.
One of the best ways to create a better understanding between tenant and landlord in most cases is to have a written lease. Having a written lease can lead to many topics for discussion that otherwise might not be considered. They would include but are not limited to: hunting/fishing rights; recreation access; payment due dates; termination procedures.
In addition to the previously mentioned items, a written pasture lease for example can spell out responsibilities of both parties in regards to: care of fences; noxious weed control; water supply maintenance; grazing capacity restrictions and beginning and ending date of grazing season.
A bonus of a written lease is that it documents the terms of the business relationship in case the contract is questioned. This can be especially important if the land changes hands.
Obviously, it is not necessary to have a written lease in order to have good communication between tenant and landlord but it can be helpful in spelling things out and avoiding misunderstandings and hard feelings. There may be some cases when introducing the possibility of implementing a written lease might damage the business relationship. Whether you have a written lease or not, make sure those lines of communication are kept open, visit with each other at least a few times a year.
Local County & District Extension Offices have several resources concerning leases, written leasing arrangement forms, cash rental rate averages, Kansas Agricultural Lease Law Publication C-668, etc. Go to www.agmanager.info and click onto the Farm Management tab. If you have questions contact your local County or District Extension Office. I can be contacted in the Cottonwood District, Great Bend office at 620-793-1910 and Stacy Campbell can be contacted in the Hays office at 785-628-9430.
Alicia Boor is the Agriculture and Natural Resources agent with K-State Research and Extension – Cottonwood District. Contact her by email at aboor@ksu.edu or call 620-793-1910.
