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MY question is about a cash rent farm lease. The lease runs…

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MY question is about a...
MY question is about a cash rent farm lease. The lease runs from mar.1 to mar.1.I have leased this ground from this same landlord for twenty years.When paying second have of rent this fall i asked about what rent would be next year . I was told he would decide over the winter. So assuming everything was status quo I preceeded to fall fertilize. Mar.8 of this year i still hadnt been sent a new lease agreement. So after countless calls a finally reached the landlord and was told i wouldnt be renting the ground. I have 7000.00 dollars worth of fertlizer put out on the ground and he will not compesate me. Do i have any legal recourse?
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 12 minutes by:
3/13/2012
Lawyer: Ely, Counselor at Law replied 6 years ago
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 103,582
Experience: Attorney
Verified
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow ups and my replies because I am typing out my answer, or taking a quick break.

I am sorry for your situation. Actually, yes you do. The way a commercial lease works is that if you are still on the land past the end lease and you were not notified of non-renewal beforehand, the lease auto-renew for the same amount of time as it was before. That is the general doctrine of the law here. It is augmented by the facts of the case:

-did he specifically tell you that he would not likely be renewing, or simply tell you that he'd let you know?
-has he done this before?
-how is the original contract worded - who can give the notice under it - landlord or tenant, or both?
-your crop.

So what does the case law say?

"A court of equity is bound by a contract as the parties have made it, and has no authority to substitute for it another and different agreement, and particular language is not necessary to make the time of performance essential, if right and justice in the individual case demand it. An agreement must be complied with as made unless some stipulation is waived or there is just excuse for non-compliance...." Dikeman v. Sunday Creek Coal Co., 56 NE 864 - 1900.

"[E]quity should give relief for the `venial inattention' of the tenant when the gravity of the hardship outweighs the gravity of the fault. 42 N.Y.2d at 399, 366 N.E.2d at 1317, 397 N.Y.S.2d at 962. Likewise, in Sosanie, supra, the court considered the forgetting of a deadline to be an honest mistake of fact and excused a 40-day delay in giving the required notice to renew. And in Trollen, supra, the court excused the failure to give timely written notice to renew where the parties had in the past dealt with each other in a less formal manner." Guy Dean's Lake Shore Marina v. Ramey, 518 NW 2d 129 - Neb: Supreme Court 1994.

In short, it is a toss up. The Court will weigh whether or not the landlord lead you on to continue with the lease versus what you should have known. If decided for you, you'd get another lease period.

Of course, this is best handled out of Court, but this is likely the way it would go if he tries to evict you and you fight him.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 103,582
Experience: Attorney
Verified
Ely and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 6 years ago
Wher do i began to get a good lawyer?
Lawyer: Ely, Counselor at Law replied 6 years ago
Try the following:

http://www.nebar.com/displaycommon.cfm?an=1&subarticlenbr=151

You can find a good Nebraska attorney in your area under your subcategory. Try "real estate" and "agriculture." Remember, the answer may change depending on the factors.
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