Farm Lease Lessons Every Farmer Should Know Today

By Andi Anderson

Leasing farmland is often rooted in tradition, trust, and unneighborly gestures—but today, that’s not enough. Whether you’ve rented land for years or just signed on, unexpected changes—like a landowner’s death, a family dispute, or a higher bidder—can disrupt your season.

To provide more structure, Ohio passed House Bill 397 (R.C. § 5301.71) in 2022. It standardized how farm leases are terminated, giving farmers more stability. However, legal experts warn that without a detailed written lease, farmers are still vulnerable.

Here’s what can go wrong without a strong lease:

• Landowner dies: Heirs may claim no knowledge of your agreement unless the lease clearly binds them.
• Family disputes: Children may pressure elderly landowners to change terms, increase rent, or find new tenants.
• Land is sold: New owners might ignore your lease. Recording it with the county makes it public and protects your rights.
• Better offers: Another farmer offering more rent can tempt the landowner to end your lease early.
• Oral agreements: These often break down under conflict or sale.

To avoid these situations, follow these recommendations:

• Always get your lease in writing. Include rent, term, acreage, termination rights, and payment terms.
• Notarize leases that last more than three years, or keep them shorter and renew as needed.
• Record a memorandum of lease with the county recorder to notify future owners.
• Add binding clauses that apply to heirs, buyers, or successors.
• Review your lease annually to reflect changes in your operation.
• Consult a farm attorney or use a trusted template to build or update your lease.

The bottom line: Farming comes with enough risks—don’t let your lease be one of them. Protect your future with a clear, enforceable, written agreement.

Photo Credit: gettyimages-zoran-zeremski