The Iowa Short Form serves as a comprehensive guide for landowners and operators looking to draft an agreement tailored to their unique situation. It assists in outlining the specifics of a cash rent farm lease but does not substitute for professional legal advice regarding contractual relations between the involved parties. If you're seeking to establish a straightforward and effective farm lease agreement, make sure to fill out this form by clicking the button below.
The Iowa Cash Rent Farm Lease (Short Form) serves as a crucial tool for both landowners and operators in creating a tailored agreement that addresses their unique leasing arrangements. While it cannot replace the bespoke guidance of a legal professional, this form encapsulates essential elements like the legal description of the property, the lease term, payment schedules for cash rent, and specifications regarding the use of farm buildings and land. Additionally, it outlines the division of expenses and responsibilities for both parties, touching on aspects like crop production costs, repairs, and maintenance, as well as specifying the duties each party must fulfill to maintain the farm's productivity and condition. Notably, the form also provides a framework for managing USDA Commodity Program Payments, recreational use of the property, and the transfer of interest in the lease. By setting clear expectations for the handling of harvested crops, reparations for damages, and the procedure for terminating the lease, this document aims to prevent misunderstandings and ensure a mutually beneficial relationship. Furthermore, it includes provisions for resolving disputes through arbitration, emphasizing the importance of clear communication and cooperation in the leasing of farmland. Equally important, the form underscores the significance of adhering to anti-discrimination policies, ensuring that the lease agreement respects and protects the rights of all individuals involved.
This form can provide the owner and operator with a guide for developing an agreement to fit their individual situation. This form is not intended to take the place of legal advice pertaining to contractual relationships between the two parties.
IOWA CASH RENT FARM LEASE (SHORT FORM) FOR 20
Owner (s):
Operator (s):
1. Legal Description:
2. Terms of Lease: The term of the lease shall be for a period of year (s), beginning March 1, 20 . After
expiration of the initial term, the lease shall continue from year to year, unless terminated by a separate written agreement or by statutory termination notice served by either party on or before September 1, as directed by Iowa law, effective the following March 1.
3. There are
contract acres available according to county FSA records (FSA form 578).
The following housing, buildings and storage structures located on the Real Estate may be used by the Operator for the following purposes:
Structure
Purpose
In the event of damage or destruction of buildings or structures listed above the Owner will have the option to replace them or provide their functional equivalent to the Operator for the purpose described above within a reasonable period of time, or make adjustments to the terms of this lease in lieu of replacement.
4.Cash Rent: Operator agrees to pay the Owner cash rent for the use of part or all of the Real Estate as follows:
Description
Amount
Cropland
acres
@ $
/acre
$
Established hay land
Pasture
Buildings and storage structures, housing
Total annual rent
The cash rent shall be due and payable as follows: Due Date
Amount $
Due Date
All cash rent is to be mailed or delivered to the Owner at:
FM 1874/C2-16 Revised July 2016
date
owner (s) initials
operator (s) initials
page 1 of 3
5.USDA Commodity Program Payments: Payments shall be paid to the Operator unless otherwise agreed on with the Farm Service Agency.
6.Recreational Use: Use of the real estate is not allowed for hunting or other recreational purposes without written consent of the Owner.
7.Division of Expense: All crop production expenses are the responsibility of the Operator. Cost of lime and application will be treated as follows:
8.Expenses: No expense shall be incurred by the Operator for or on account of the Owner without first obtaining written permission from the Owner. The Operator agrees to take no actions that might cause a mechanic’s or other lien to be imposed upon the Real Estate and agrees to indemnify the Owner if actions are taken by the Operator that result in such a lien being imposed.
9.Repair and Maintenance: Minor repairs for buildings and fences: Owner will furnish all materials and Operator
will provide the labor at no charge. New fence: Owner to furnish all materials and one-half of the cost of labor. Operator to provide one-half of the labor and all of the equipment to construct fence. Owner will pay 100% of the cost to clear fence row when necessary.
10.Operator’s Duties: Operator agrees to operate the farm in an efficient and steward-like manner, control weeds and brush in the fields, fence rows, and road ditches, provide proper maintenance to control erosion and maintain terraces, waterways, and tiles, and building lots and all other areas of the farm where access is possible. The Operator agrees to furnish to the Owner by December 15 an annual report including 1) a summary of fertilizer, lime, and pesticide application records and 2) production or yield information about harvested crops each year, such as may be required for participation in Farm Service Agency programs or for setting crop insurance actual production history yields, and to use measurement methods acceptable for these purposes. Operator agrees, on termination of the lease, to yield prompt possession of the farm to the Owner and to leave the premises in as good condition as before they took possession or to compensate the Owner for damages.
11.Owner’s Duties: Owner agrees to warrant and defend the Operator’s possession against all persons as long as this lease remains in effect. The Owner will promptly pay real property taxes and carry insurance on his/her interest in the property.
12.Harvested Crop’s Aboveground Plants: Operator does not have the right to take any part of the harvested crop’s aboveground plant without the express written permission of the Owner. This includes burning or removing any crop residues from the property.
13.Transfer of Interest: The Operator agrees not to lease or sublet any part of the Real Estate nor assign this lease to any other person or entity, nor sublease any or all of the property described herein without prior written permission of the Owner. This lease shall be binding upon the heirs, assignees, or successors in interest of both parties. If the Owner should sell or otherwise transfer title to the Real Estate, the Owner will do so subject to the provisions of this lease.
14.Changes in Lease Terms: The conduct, representation, or statement of either party, by act or omission, shall not be construed as a material alteration of this lease until such provision is reduced to writing and executed by both parties as an addendum to this lease.
15.Right of Entry: The Owner reserves the right to enter the premises at any time for any reasonable purpose. Upon notice of the lease termination, the Operator agrees to permit the Owner or the Owner’s lessee or agent to enter the premise to do customary tillage and operations on any land from which the current crops have been harvested
page 2 of 3
16.Owner’s Landlord’s Lien and Security Interest. The Operator acknowledges that a statutory Landlord’s Lien exists in favor of the Owner. The Operator also grants to the Owner a security interest in, but not limited to, all growing or mature crops on the Real Estate as provided in the Iowa Uniform Commercial Code. The Operator shall sign all documents and financing statements as requested by the Owner to perfect the Owner’s security interests.
At Owner’s request, the Operator shall provide the Owner a list of potential buyers for the crops grown on the farm. The Operator agrees to deliver and sell such crops only to those buyers listed. The Owner shall deliver a Notice of Security Interest to those buyers and only those buyers listed. The Operator shall not sell such crops to any buyer not listed without first obtaining written consent of the Owner.
17.Termination upon Default: If either party defaults in the performance of the existing rental agreement, the non-
defaulting party shall serve a notice of default upon the defaulting party. The defaulting party shall have days
to cure the default. Failure to cure within the required timeframe shall terminate the lease. If the lease terminates because the Operator failed to pay the rent due, all costs and attorney fees of the Owner to enforce collection or performance shall be added to the obligations payable by the Operator. The Operator shall also be liable for interest
on the unpaid rent at the rate of
% APR.
18.Other Provisions:
19.Arbitration: Any disputes between the Owner and Operator not covered by this lease may be submitted by either party for arbitration at a reasonable fee by three disinterested persons, one of whom shall be selected by the Owner, one by the Operator, and the third by the previously named two. If and when disputes are submitted, a majority decision of the arbitrators shall be binding upon the parties to the lease.
We agree to the terms and conditions of this lease and we affix our signatures this
day of
, 20
.
Signature of Operator
Signature of Spouse/Co-operator
For (business entity)
Address
Telephone
Optional Notarization
Signature of Owner
Signature of Spouse/Co-owner
By (owner’s representative)
STATE OF
, COUNTY OF
ss:
This record was acknowledged before me this
day of,
, by
Signature of Notary Public
page 3 of 3
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Many materials can be made available in alternative formats for ADA clients. To file a complaint of discrimination, write USDA, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC 20250-9410 or call 202-720-5964.
Filling out the Iowa Short Form, specifically designed for Iowa Cash Rent Farm Leases, requires careful attention to detail and accuracy. This guide will provide an easy-to-follow walkthrough for completing the form, from identifying the parties involved to executing the agreement properly. Remember, this form serves as a foundation for the agreement between the owner and operator. Thus, it's crucial to review every section to ensure it reflects the true intentions and agreements between both parties.
Once the form is filled out comprehensively and signed by all parties (and notarized, if chosen), it serves as a binding agreement. It's advisable for both the owner and the operator to keep a copy of the signed document for their records. This step ensures that both parties have a reference for the lease terms and understand their rights and obligations under the agreement.
What is the Iowa Short Form?
The Iowa Short Form is a contract that guides the development of an agreement for cash rent farm leases in Iowa. It helps landowners and operators outline the terms of leasing agricultural land, including payment, use, and maintenance expectations. It is not designed to replace legal advice but to serve as a foundational document that can be customized to fit specific arrangements.
How long does the lease last under this agreement?
The initial term of the lease is set for a specific number of years, beginning on March 1 of the starting year. Upon the expiry of the initial term, the lease automatically renews year-to-year unless terminated by a separate agreement or by giving statutory termination notice by either party on or before September 1, effective the following March 1, as per Iowa law.
What about the cash rent under this lease?
The operator agrees to pay the owner a cash rent for the use of the real estate. This includes payments for cropland, established hay land, pasture acres, and any buildings or storage structures. The total annual rent and due dates are specified in the lease agreement. Payment methods and schedules are detailed for both parties' convenience and clarity.
Are there provisions for the division of expenses and USDA payments?
Yes, the lease outlines that all crop production expenses are the responsibility of the operator. It also specifies how the cost of lime and its application will be treated. Additionally, USDA Commodity Program Payments are to be paid to the operator unless agreed otherwise with the Farm Service Agency.
What are the operator's responsibilities regarding repairs and maintenance?
The operator is responsible for minor repairs of buildings and fences, with the owner providing materials and the operator providing labor at no charge. For new fences, the operator and owner share the cost of labor, while the owner covers all material costs and full costs for clearing fence rows when necessary. The operator must also efficiently manage the farm, control weeds, maintain infrastructure to prevent erosion, and report on farming activities annually.
Can the operator sublease the property or assign the lease?
No, the operator cannot lease, sublet, or assign the lease to another party without the owner's prior written permission. This clause ensures the owner retains control over who is using their land and for what purpose, safeguarding their property from unauthorized use or transfer of rights.
What happens in the event of a default on the lease?
If either the owner or operator defaults on their responsibilities under the lease, the non-defaulting party must serve a notice of default. The defaulting party then has a specified number of days to rectify the default. Failure to do so results in the termination of the lease. In scenarios where the operator fails to pay rent, they are responsible for all enforcement costs, including legal fees and interest on unpaid rent.
Filling out the form without seeking legal advice: The Iowa Short Form states that it should not take the place of legal advice. A common mistake is to proceed without consulting a legal professional, especially regarding contractual relationships. This oversight can lead to misunderstandings or agreements that don't fully protect one's interests.
Incorrect information in the "Legal Description" and "Terms of Lease" sections: Accuracy is paramount when detailing the legal description of the property and the lease's terms. Mistakes here can create significant legal disputes about the property involved and the lease duration and termination.
Not specifying the details under "Cash Rent" accurately: The form requires detailed information about cash rent payable for different types of land usage. Leaving these details vague or incorrectly reporting the cash rent amounts can lead to financial disagreements between the owner and operator.
Failing to document USDA Commodity Program Payments arrangements: The form allows for payments to be paid to the operator unless agreed otherwise. Neglecting to properly document any agreement on this matter can result in confusion or disputes over who is entitled to receive these payments.
Omitting or inaccurately describing the use of property under "Recreational Use" and "Expenses": Not clearly stating terms for recreational use and who bears what expenses can lead to misunderstandings and potential misuse of the property or inappropriate allocation of costs.
Neglecting to detail the arrangement for repairs and maintenance: The form outlines various scenarios, including minor repairs and new fence construction. Failure to accurately discuss and document who is responsible for what actions can lead to disputes or unmet expectations regarding property upkeep and improvements.
When engaging in agricultural leases, such as the Iowa Short Form for Cash Rent Farm Lease, several other documents and forms might be used alongside to ensure a comprehensive and legally sound agreement between the owner and the operator. These documents can help clarify responsibilities, protect interests, and provide procedural guidelines for various circumstances that might arise during the term of the lease. Understanding these forms is essential for both parties involved in the leasing agreement.
These documents play a supporting role to the Iowa Short Form Lease by covering specific aspects of the landlord-tenant relationship that are crucial for the day-to-day management and legal compliance of the agricultural operation. In drafting and executing these documents, both parties can ensure a smoother operation and minimize the potential for disputes over the term of the lease. It is always recommended to consult with a legal professional familiar with agricultural law to ensure that all documentation is properly prepared and executed.
The Iowa Short Form Cash Rent Farm Lease shares similarities with a Residential Lease Agreement, which is used when renting out a residential property. Both documents outline the terms of the lease, including duration, payment details, and the responsibilities of each party. They ensure the property is used in a certain way and specify the conditions under which the lease can be terminated.
Similar to a Commercial Lease Agreement, which is designed for the rental of commercial properties, the Iowa Short Form sets out terms for the use of farmland and related structures. It covers aspects such as rent payments, use of the property, and maintenance responsibilities, adapting these to a farming context instead of a retail or office setting.
A Standard Farm Lease Agreement often includes detailed provisions for crop production, livestock raising, and land use. The Iowa Short Form, while more concise, encompasses these aspects by specifying the use of the land, rent arrangements, and the division of expenses related to crop production, making it a tailored version for short-term arrangements.
The Employment Contract bears a resemblance to the Iowa Short Form in that it defines the relationship between two parties, similar to the “owner” and “operator” roles. Both documents establish duties, rights, and compensation. However, the Iowa Short Form focuses on the leasing of land rather than service provision.
Vehicle Lease Agreements also share similarities with the Iowa Short Form, as both involve leasing terms, payments, and the condition of the leased item (vehicle vs. farmland). They include provisions for use, maintenance, and return of the leased asset, though the Iowa Short Form includes agricultural specifics such as crop planting and land care.
Equipment Lease Agreements, much like the Iowa Short Form, outline terms for renting items (equipment versus farm land). Both specify the period of lease, rental payments, maintenance responsibilities, and how the leased assets should be used, ensuring they're returned in good condition or properly compensated for if damaged.
A Sharecropping Agreement, traditionally used in agriculture, is closely related to the Iowa Short Form. It involves sharing crop production between the landowner and the farmer. While the Iowa Short Form is a cash rent lease focusing on monetary rent, sharecropping agreements divide the harvest or profits derived from the land, pointing to different ways of valuables exchanging hands.
Sublease Agreements allow tenants to rent out spaces they're leasing, which is somewhat mirrored in the Iowa Short Form's clauses that restrict subletting or assignments without permission. Both types of agreements set conditions under which the property can be further leased and stipulate the original lessee's obligations.
The Loan Agreement, while primarily used for lending money, has parallels with the Iowa Short Form through its detailing of repayment terms, interests, and actions upon default. The Iowa Short Form covers similar practices in the context of rent payments, overdue rent consequences, and lien provisions for securing the owner’s interests.
A Conservation Easement is an agreement that restricts the use of real property to protect its conservation and agricultural values, akin to how the Iowa Short Form may stipulate land use for agriculture while preserving its integrity. Both documents serve to outline specific uses of the land, although their purposes diverge on the conservation of property versus the agricultural productivity and lease terms.
When filling out the Iowa Short Form for a cash rent farm lease, it's crucial to approach the process carefully to ensure the lease agreement is clear, comprehensive, and legally sound. Here are some dos and don'ts to consider:
Filling out the Iowa Short Form with diligence and care sets a solid foundation for a mutually beneficial and legally compliant leasing arrangement. Always keep a focus on clear communication and legal guidelines to navigate the complexities of leasing agreements successfully.
Understanding the intricacies of leasing agreements can sometimes be overwhelming, especially when dealing with specifics such as the Iowa Cash Rent Farm Lease (Short Form). Misconceptions can easily arise, leading to confusion and potential complications between parties involved. Clarifying these misunderstandings is crucial for a smooth leasing process.
The Iowa Short Form is designed to serve as a guide, not a definitive contract for every situation. It aims to help both owners and operators develop an agreement tailored to their unique circumstances. Considering the diversity of agricultural operations, the need for customization cannot be overstressed.
Contrary to this belief, the form explicitly states that it does not intend to replace legal advice. Given the complexities of contractual relationships and the potential for significant financial impact, consulting with a legal professional ensures that both parties' interests are adequately protected.
Recreational use of the property, including hunting, requires written consent from the owner. This provision safeguards the owner's rights and helps manage liability risks, ensuring that the use of the land aligns with the owner's intentions.
The agreement details a division of responsibilities for expenses and repairs. While the operator is responsible for crop production expenses and minor repairs, the owner also assumes responsibilities, such as providing material for repairs and sharing the cost of new fence construction. This balance of responsibilities is crucial for maintaining the property and ensuring its productive use.
While the lease does continue from year to year after the initial term, it can be terminated by either party with appropriate notice. This requirement for a separate agreement or statutory termination notice ensures that both parties consciously agree to extend their contractual relationship, preventing any assumptions of indefinite renewal.
Clearing up these misconceptions is vital for a transparent and fair agreement between landowners and operators. Both parties are encouraged to thoroughly review the lease terms, seek legal advice, and communicate openly to tailor the agreement to their needs, ensuring a beneficial partnership for both.
Understanding the Iowa Short Form for a Cash Rent Farm Lease is essential for both the owner and the operator to develop a mutually beneficial agreement. Here are five key takeaways to help navigate this important document:
Additionally, it is vital for both parties to comprehend the lease's clauses on dispute resolution, termination conditions, and the necessity of written agreements for any amendments to the contract. This understanding helps in maintaining a harmonious and productive relationship between the owner and the operator, making the Iowa Short Form a foundational tool for successful farm lease arrangements.
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