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N Cal Attorney
N Cal Attorney, Attorney
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Experience:  since 1983
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we have rented farm ground for 24 years the landlord would

Customer Question

we have rented farm ground for 24 years the landlord would not k=make up a new contract since 2004 he just said he would leave it to us what to pay him.

Now he has sold the ground but didn't notify us in writing until 9-10 and is sueing us for more money than we paid him even though Illinois was declared a disaster last year.

Does he owe us for this year since we were not notified by 9-1 in writting and he tore up our corn crop we were going to sell for feed and planted wheat in October?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me:

1) How much were you paying him per month before 2004?
2) How much were yo paying her per month after the contract expired?
3) How much is he suing you for?
4) Have you filed an Answer yet?
5) Who tore up your crop, exactly?
6) What is the new owner's position in renting the land to you?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


we don't pay per month it is annually we had original contract and then we paid extra according to what crops made because he would not set amount.


 


he decided he is going to rent it landlord had crops torn up we were out of town and a relative told him supposedly to go ahead and remove them.


 


he is wanting extra money for land we gave him 1/3 of crops due to total loss as a crop but it was still good for feed.

Expert:  Ely replied 1 year ago.
Friend,

The devil is in the details here, so we need to clarify a few things.

You state that you paid annually. What was the agreement? A certain amount + percentage of crop yield's worth? What were the actual dollar amounts?

How much is he suing you for?

Have you filed an Answer yet?

Who tore up your crop, exactly?
Customer: replied 1 year ago.


the only contract we had was 86.00 per acre we on our own asked the landlord what he wanted he said he would leave it up to us. when the crops were good we would add extra to the payment.


 


last year was a disaster and we just did 1/3 of what insurance paid for loss of crop turning out to be 90.00. he wants the same as year before when we had good crop and paid 110.00


 


We have filed but he keeps getting nasty saying he will take to supreme court for extra plus interest from November. He is also a lawyer. But he is farming himself this year and he didn't notify us until letter that he is using dated by post office 9-10


 


I find we have to be notified 9-1 at latest or he should be paying us for this years loss.


 


We only want to get out of case and want to know if this is our right by law so maybe he will drop his case against us.

Expert:  Ely replied 1 year ago.
Thank you for your reply. However, I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck...
Expert:  N Cal Attorney replied 1 year ago.
New Expert here.

What was the annual renewal date of the lease, or the last date of the lease year?
Customer: replied 1 year ago.
it was always rented january through december but there never was any definate date our last written lease said payment was due by november 15th and that we had right to the crops in field. That one was made in 2004 the landlord would not make up any lease after that so nothing was every said we had farmed for them for 24 years and everyone thought there was no problem until a big farmer came into area from about 75 m,iles away and started offering landlords around 300.00 per acre behind the little farmers backs and they have been taking all ground away from us and running us out of business. When they got the chance to get that money they grabbed it and just kicked us out.
Expert:  N Cal Attorney replied 1 year ago.

You were entitled to 4 months notice in writing before your lease was terminated, see
http://www.farmdoc.illinois.edu/legal/articles/ALTBs/ALTB_04-11/ALTB_04-11_mod2.pdf

The landlord had no right to throw you out without a Court order and no right to the corn crop you mentioned that was torn out.

You wrote that he is suing you. You need a local attorney to assist you and to file a cross complaint for the wrongful eviction and the loss of the crop. You can get a free consultation from some of the agriculture law attorneys listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Agriculture-Law/Illinois

 

You wrote: Does he owe us for this year since we were not notified by 9-1 in writing and he tore up our corn crop we were going to sell for feed and planted wheat in October?

My answer is Yes.


I hope this information is helpful.

Please let me know if I have failed to answer your question prior to rating my answer.

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