Senate
File
2249
-
Introduced
SENATE
FILE
2249
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
SSB
3079)
(COMPANION
TO
HF
2344
BY
COMMITTEE
ON
AGRICULTURE)
A
BILL
FOR
An
Act
requiring
that
agreements
to
terminate
farm
tenancies
be
1
in
writing.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2249
Section
1.
Section
562.6,
Code
2016,
is
amended
to
read
as
1
follows:
2
562.6
Agreement
for
termination.
3
If
an
a
written
agreement
is
made
fixing
the
time
of
the
4
termination
of
a
tenancy,
whether
in
writing
or
not,
the
5
tenancy
shall
terminate
at
the
time
agreed
upon,
without
6
notice.
Except
for
a
farm
tenant
who
is
a
mere
cropper
or
a
7
person
who
holds
a
farm
tenancy
with
an
acreage
of
less
than
8
forty
acres
where
an
animal
feeding
operation
is
the
primary
9
use
of
the
acreage,
a
farm
tenancy
shall
continue
beyond
the
10
agreed
term
for
the
following
crop
year
and
otherwise
upon
11
the
same
terms
and
conditions
as
the
original
lease
unless
12
written
notice
for
termination
is
served
upon
either
party
or
13
a
successor
of
the
party
in
the
manner
provided
in
section
14
562.7
,
whereupon
the
farm
tenancy
shall
terminate
March
1
15
following.
However,
the
tenancy
shall
not
continue
because
of
16
an
absence
of
notice
if
there
is
default
in
the
performance
of
17
the
existing
rental
agreement.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
BILL.
This
bill
would
require
parties
to
a
lease
for
land
22
used
in
farming
to
make
any
agreement
terminating
the
lease
in
23
writing.
24
BACKGROUND.
A
farm
tenancy
is
a
type
of
lease
in
which
25
the
lessor
receives
some
form
of
rent
from
a
lessee
who
uses
26
the
leased
land
to
produce
crops
or
livestock.
The
relevant
27
statutes
refer
to
the
lessee
as
the
“farm
tenant”
and
the
28
farm’s
tenant’s
leasehold
interest
as
a
“farm
tenancy”
(see
29
Code
section
562.1A).
The
lease
may
be
made
either
in
writing
30
or
orally.
Generally,
all
farm
tenancies
terminate
on
March
31
1
at
the
end
of
the
farm
tenant’s
crop
year.
However,
in
32
order
to
effectuate
the
termination,
one
party
to
the
lease
33
must
have
given
the
other
party
written
notice
of
termination
34
by
the
previous
September
1
(Code
sections
562.5
through
35
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2249
562.7).
Without
such
timely
written
notice
of
the
termination,
1
the
lease
automatically
continues,
under
its
same
terms
and
2
conditions.
The
following
September
1
is
the
latest
date
3
that
a
party
may
again
exercise
a
right
of
termination
by
4
written
notice
effective
the
following
first
day
of
March.
One
5
exception
to
the
written
notice
requirement
allows
the
parties
6
to
agree
to
the
termination
either
in
writing
or
orally.
The
7
parties
may
make
the
agreement
any
time
during
the
term
of
the
8
lease,
and
the
agreement
may
provide
for
a
termination
date
9
earlier
than
March
1.
10
The
bill,
in
part,
is
a
response
to
the
Iowa
Court
of
11
Appeals’
decision
in
Auen
v.
Auen,
851
N.W.2d
547
(Iowa
Ct.
12
App.
2014).
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