Senate
File
200
-
Introduced
SENATE
FILE
200
BY
KAPUCIAN
A
BILL
FOR
An
Act
relating
to
farm
tenancies
of
less
than
forty
acres
by
1
providing
procedures
for
termination.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2113XS
(2)
85
da/nh
S.F.
200
Section
1.
Section
562.6,
Code
2013,
is
amended
to
read
as
1
follows:
2
562.6
Agreement
for
termination.
3
If
an
agreement
is
made
fixing
the
time
of
the
termination
4
of
a
tenancy,
whether
in
writing
or
not,
the
tenancy
shall
5
terminate
at
the
time
agreed
upon,
without
notice.
Except
6
for
a
farm
tenant
who
is
a
mere
cropper,
a
farm
tenancy
with
7
an
acreage
of
forty
acres
or
more
shall
continue
beyond
the
8
agreed
term
for
the
following
crop
year
and
otherwise
upon
9
the
same
terms
and
conditions
as
the
original
lease
unless
10
written
notice
for
termination
is
served
upon
either
party
or
11
a
successor
of
the
party
in
the
manner
provided
in
section
12
562.7
,
whereupon
the
farm
tenancy
shall
terminate
March
1
13
following.
However,
the
tenancy
shall
not
continue
because
of
14
an
absence
of
notice
if
there
is
default
in
the
performance
of
15
the
existing
rental
agreement.
16
EXPLANATION
17
BACKGROUND.
Code
chapter
562,
and
specifically
Code
18
sections
562.6
and
562.7,
provides
procedures
for
terminating
a
19
lease
involving
a
farm
tenancy.
For
example,
there
must
be
a
20
fixed
amount
of
time
between
a
notice
of
termination
and
the
21
actual
termination
date.
Written
notice
must
be
given
by
the
22
first
day
of
September
to
terminate
the
lease
for
the
following
23
crop
year.
The
lease
then
terminates
on
the
first
day
of
24
March.
If
there
is
no
timely
notice
of
the
termination
or
the
25
notice
does
not
otherwise
satisfy
the
requirements
of
the
law,
26
the
farm
tenancy
automatically
continues
under
the
same
terms
27
and
conditions
of
the
original
lease
for
the
following
crop
28
year
unless
there
is
a
breach
in
the
lease
agreement
or
the
29
parties
agree
otherwise.
These
requirements
do
not
apply
to
a
30
so-called
mere
cropper
(e.g.,
a
person
who
farms
land
on
a
crop
31
share
basis)
or
a
person
who
leases
less
than
40
acres.
32
BILL
——
ELIMINATION
OF
THE
EXCEPTION.
This
bill
eliminates
33
the
exception
applying
to
a
farm
tenancy
in
which
the
lease
34
is
for
less
than
40
acres.
Under
the
bill,
written
notice
35
-1-
LSB
2113XS
(2)
85
da/nh
1/
2
S.F.
200
would
also
have
to
be
given
by
the
first
day
of
September
to
1
terminate
the
lease
for
the
following
crop
year,
and
if
notice
2
were
given,
the
lease
would
terminate
on
the
following
first
3
day
of
March.
4
-2-
LSB
2113XS
(2)
85
da/nh
2/
2