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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33703
Experience:  15 years real estate, Realtor. Landlord 26 years
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My husbands mothers trust had a verbal agreement with two

Customer Question

my husbands mothers trust had a verbal agreement with two neighboring farmers to produce hay and raise cattle, she has passed away, we are having a hard time getting these two people to leave the farm, what are our options
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: kentucky,mason county
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: the trust owns the farm and there are several beneficaries who are waiting for all to be sold and divided, but these two men will not leave
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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What type of agreement was this...year to year, month to month, etc.?

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Are the tenants currently in the middle of the agreed on term?

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Do they have crops/cattle currently on the farm?

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thanks

Barrister

Customer: replied 4 months ago.
In April of 2016 the Trustees and Tennents met to appraise the cattle. At that time, we verbally agreed to continue the lease arrangement until Dec 31, 2016 unless the farm sells sooner. There is a herd of approximately 90 beef cattle with an approximate current value of $112k. The only crop is harvesting hay of which the first cutting has been completed with two more cuttings expected.
Customer: replied 4 months ago.
We currently have a purchaser for the farm. We have asked the tennents to vacate by the 16th of August 2016. They are claiming they have a legal right to stay until December
31, 2016.
Expert:  Barrister replied 4 months ago.

Ok, if all this was verbal, then the tenants can't have it both ways... Either they agreed to the Dec 31 date IF the farm didn't' sell sooner, or there was no agreement at all and this is just a month to month tenancy agreement that can be terminated with a 30 day written notice to vacate.

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With that said, your option here is to give them a written 30 day notice to terminate their tenancy under KRS 383.695 and then pursue a formal eviction through the courts if they won't vacate.

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They will claim that the agreement should extend until they get the cattle to a point where they can be sold profitably, but if there is no set cutoff date, as with crops, then that would be a completely subjective date... Some people might want to sell in Sept, some in Oct, some in Dec.... So there is no fixed date for completion...

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With the hay, if they haven't done anything to produce the hay, such as seeding and they are simply waiting for it to grow, I would opine you can terminate those rights as well with the 30 day notice.

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So boiling it down, I think that a 30 day would be sufficient to end the tenancy and give them time to harvest/sell any products on the farm and vacate.

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As an aside, in addition to being an attorney, I have also been a KY landlord for over 26 years...

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thanks

Barrister

Expert:  Barrister replied 4 months ago.

Did you have any further questions I can help with?

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thanks

Barrister

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