Farm Lease - Template Form to Create Word & PDF Pro · US-law
✓ Valid in United States · drafted to comply with local law
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FARM LEASE AGREEMENT
State of ________
RECITALS:
A. This Farm Lease Agreement (hereinafter the "Lease") is entered into and made effective as of the date set forth at the end of this document (the "Effective Date") by and between the following Landlord: ________, whose address is ________ (the "Landlord");
and the following Tenant: ________, whose address is ________ (the "Tenant").
B. Landlord and Tenant may be referred to individually as a "Party" and collectively as the "Parties."
C. Landlord is the owner of certain agricultural real property and desires to lease such property to Tenant, and Tenant desires to lease such property from Landlord, all upon the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
§ I. Premises.
1. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant the following property (the "Premises") described below:
________
2. The Premises is located at the following address and is more particularly described as containing approximately ________ acres, together with all improvements, fixtures, buildings, and appurtenances thereon:
________
§ II. Lease Term.
3. This Lease shall commence on ________ (the "Commencement Date") and, unless sooner terminated in accordance with the provisions of this Lease, shall continue in full force and effect until 11:59 PM on ________ (the "Expiration Date").
4. Upon the Expiration Date, this Lease shall automatically renew for successive terms of equal duration unless either Party provides written notice of non-renewal to the other Party not less than ________ days prior to the end of the then-current term.
5. Upon the expiration or earlier termination of this Lease, Tenant shall provide a forwarding address to Landlord for the receipt of any funds owed or other notices.
§ III. Possession.
6. Tenant shall be entitled to possession on the first day of the term of this Lease and shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by all Parties in writing.
7. Upon the expiration or earlier termination of this Lease, Tenant shall remove Tenant's goods and effects and peaceably yield up the Premises to Landlord in as good condition as when delivered to Tenant, reasonable wear and tear and damage by casualty not caused by Tenant excepted.
§ IV. Lease Payments.
8. Tenant shall pay to Landlord lease payments ("Rent") of $________ (________) each month.
9. The Rent shall be payable in advance on the ________ day of each month. No holidays, special events, or weekends shall negate Tenant's obligation to pay timely Rent.
10. Tenant may be required to pay prorated rent from the Commencement Date to the first full payment period. If Tenant must pay prorated rent, Tenant shall pay any prorated amount due at the execution of this Lease.
11. Rent payments shall be made to Landlord at the following address (or by such other method as Landlord may designate):
________
This address may be changed from time to time. Tenant will be informed in writing prior to the due date of that period's lease payment if the payment location has changed.
§ V. Security Deposit.
12. At the signing of this Lease, Tenant shall pay to Landlord a security deposit of $________ (________) to be held and disbursed for Tenant's damages to the Premises or other defaults under this Lease (if any) as provided by applicable law. The security deposit shall be held, accounted for, and returned, with any required itemized statement of deductions, in accordance with the laws of the State of ________. Landlord shall return the security deposit, less any lawful deductions, within the time period required by applicable law following the termination of this Lease and Tenant's surrender of the Premises.
§ VI. Existing Crops.
13. Tenant is to have the crops now planted and growing, and upon vacating the Premises Tenant is to seed as many acres of crops as were found on the leased Premises when Tenant took possession.
14. The crops currently growing on the Premises are as follows:
________
§ VII. No Partnership.
15. Nothing in this Lease shall create a partnership, joint venture, contractor, employment, or any other relationship between Landlord and Tenant other than that of landlord and tenant. No Party shall be liable, except as otherwise expressly provided herein, for the other Party's obligations or liabilities. Tenant shall indemnify, defend, and hold Landlord and Landlord's property, including the Premises, free and harmless from all obligations and liabilities incurred by Tenant in conducting farming or other operations on the Premises, whether under this Lease or otherwise.
§ VIII. Use of Premises.
16. The Premises shall be used for the purposes of planting, growing, and harvesting of crops; the feeding, pasturing, maintenance, and production of agricultural livestock; and other related farming activities. The Premises shall not be used for any other purpose without Landlord's prior written consent. Tenant shall carry on all of the activities specified above in accordance with good husbandry and the best practices of the local farming community in which the leased Premises are situated.
17. Tenant shall, at Tenant's cost and expense, comply with any and all laws, ordinances, rules, regulations, requirements, and orders, present or future, of any federal, state, county, or municipal government which may in any way apply to the use, maintenance, operations, or production of crops on the leased Premises, or the sale or disposition of those crops, including without limitation all applicable environmental laws and regulations.
18. Tenant agrees not to apply pesticides, insecticides, fungicides, herbicides, or other chemical treatments that will have a residual effect beyond the term of this Lease without the express prior written consent of Landlord.
§ IX. Disease or Blight.
19. If any disease or blight of any character appears on the Premises or in or on any crop growing or grown on the Premises, Tenant shall, at Tenant's expense:
(a) employ the best and most effective known methods for eradicating such disease or blight; and
(b) consult with and follow the advice of experts on the subject recommended or approved by Landlord who have offices or reside within one hundred (100) miles of the Premises.
§ X. Property Insurance.
20. Landlord and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. Tenant shall maintain commercial general liability insurance covering its operations on the Premises in an amount not less than $________ per occurrence and shall name Landlord as an additional insured. Upon request, Tenant shall furnish Landlord with certificates evidencing such coverage.
21. Tenant shall, at Tenant's expense, insure for their full insurable value, through insurance policies issued by companies acceptable to Landlord, any crops specified in this Lease being grown on the Premises against damage or destruction by flood, fire, hail, windstorm, or any other casualty. The loss under any such policy shall be payable to Landlord and Tenant according to their respective interests in the crops.
§ XI. Maintenance.
22. Landlord shall be responsible for maintaining the Premises in good repair at all times during the term of this Lease. Tenant shall maintain the Premises in a clean and orderly condition and shall promptly notify Landlord of any needed repairs.
§ XII. Utilities.
23. Landlord shall be responsible for paying for and maintaining the provision of all utilities under this Lease, except as otherwise expressly agreed by the Parties in writing.
§ XIII. Taxes.
24. Landlord shall pay all real estate taxes which may be levied against the Premises. However, Tenant shall pay, before delinquency, all personal property taxes or assessments levied on Tenant's personal property situated in or about the leased Premises during the term of this Lease. On demand, Tenant shall provide to Landlord satisfactory evidence of payment of such taxes.
§ XIV. Right of First Refusal.
25. If at any time during the term of this Lease Landlord shall receive a bona fide offer to purchase the leased Premises which Landlord is willing to accept, Landlord shall furnish to Tenant a true and correct copy of the proposed purchase agreement which the offeror is ready, willing, and able to sign, and notify Tenant that Landlord is ready, willing, and able to sign it.
26. Tenant may, by giving notice to Landlord within thirty (30) days after Tenant's receipt of the proposed purchase agreement, elect to purchase the Premises upon the terms, covenants, and conditions set forth therein.
27. If Tenant does not so elect within the thirty (30) day offer notice period, Landlord may enter into the proposed purchase agreement with the offeror.
28. If the proposed agreement with the offeror is not consummated, Tenant's right of first refusal shall remain in effect. Neither the making of the proposed agreement by Landlord nor the failure to consummate it shall be construed or deemed to terminate or extinguish any renewal option of Tenant provided herein.
§ XV. Termination Upon Sale of Premises.
29. Landlord may terminate this Lease upon sixty (60) days' written notice to Tenant that the Premises have been sold.
30. Should the Premises be sold to anyone other than Tenant, Tenant will be given a reasonable opportunity and allowance to complete the current growing season and harvest any crops thereon.
§ XVI. Destruction or Condemnation of Premises.
31. If the Premises are damaged or destroyed by fire or other casualty to the extent that enjoyment of the dwelling unit or farmland is substantially impaired, Landlord, in Landlord's sole discretion, may elect to repair the Premises or terminate the Lease upon thirty (30) days' written notice to Tenant. If the Premises are condemned or cannot be repaired, this Lease will terminate upon thirty (30) days' written notice by either Party.
§ XVII. Defaults.
§ XVIII. Late Payments.
34. For any payment that is not paid within ________ day(s) of its due date, Tenant shall pay a late fee of $________ (________), provided such fee does not exceed the maximum amount permitted under applicable law.
§ XIX. Holdover.
35. If Tenant maintains possession of the Premises for any period after the termination of this Lease (the "Holdover Period"), Tenant shall pay to Landlord lease payment(s) during the Holdover Period at a rate equal to one hundred fifty percent (150%) of the most recent rate preceding the Holdover Period.
36. Such holdover shall constitute a month-to-month tenancy terminable by either Party upon written notice as required by applicable law, and otherwise subject to the terms of this Lease.
§ XX. Cumulative Rights.
37. The rights of the Parties under this Lease are cumulative and shall not be construed as exclusive unless otherwise required by law.
§ XXI. Returned Payments.
38. Tenant shall be charged the maximum amount allowable under applicable law for each check or electronic payment that is returned or dishonored for lack of sufficient funds.
§ XXII. Remodeling and Structural Additions.
39. Tenant shall have the obligation to conduct any construction or remodeling (at Tenant's expense) that may be required to use the Premises as specified above.
40. Tenant may also construct such fixtures on the Premises (at Tenant's expense) that appropriately facilitate its use for such purposes. Such construction shall be undertaken and such fixtures may be erected only with the prior written consent of Landlord, which shall not be unreasonably withheld. At the end of the Lease term, Tenant shall be entitled to remove (or, at the request of Landlord, shall remove) such fixtures, and shall restore the Premises to substantially the same condition as at the commencement of this Lease.
§ XXIII. Landlord Access to Premises.
41. Subject to Tenant's consent (which shall not be unreasonably withheld) and reasonable advance notice as required by applicable law, Landlord shall have the right to enter the Premises at reasonable times to make inspections, provide necessary services, or show the Premises to prospective buyers, mortgagees, tenants, or workers. However, Landlord does not assume any liability for the care or supervision of the Premises.
42. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. During the last three (3) months of this Lease, or any extension of this Lease, Landlord shall be allowed to display standard "For Rent" signs and show the Premises to prospective tenants.
§ XXIV. Quiet Enjoyment.
43. Tenant, upon payment of all sums required under this Lease and the performance of all of Tenant's covenants and obligations under this Lease, shall peaceably and quietly hold, occupy, and enjoy the Premises during the term of this Lease, without any hindrance, interruption, or disturbance from Landlord or any person or persons lawfully claiming by, through, or under Landlord, subject to the terms and conditions of this Lease.
§ XXV. Mechanics' Liens.
44. Neither Tenant nor anyone claiming through Tenant shall have the right to file mechanics' liens or any other kind of lien on the Premises, and to the extent permitted by law the recording of a memorandum of this Lease constitutes notice that such liens are invalid.
45. Tenant agrees to give actual advance notice to any contractors, subcontractors, or suppliers of goods, labor, or services that such liens will not be valid, and to take whatever additional steps are necessary in order to keep the Premises free of all liens resulting from construction done by or for Tenant.
§ XXVI. Subordination of Lease.
46. This Lease is and shall be subordinate to any mortgages or deeds of trust that now exist, or may be given later by Landlord, with respect to the Premises, provided that any such mortgagee agrees not to disturb Tenant's possession so long as Tenant is not in default.
§ XXVII. Subletting and Assignment.
47. Tenant may not assign or sublease any interest in the Premises, nor assign, mortgage, or pledge this Lease, without the prior written consent of Landlord, which shall not be unreasonably withheld.
§ XXVIII. Early Termination.
48. Tenant shall have the option to terminate this Lease prior to the natural end of the Lease term upon written notice to Landlord.
49. Landlord shall allow Tenant to quit or terminate this Lease upon payment of an early termination penalty of $________ (________).
§ XXIX. Notices.
50. Notices given under this Lease or under other applicable law of the State of ________ shall be given in writing by and to both Parties. Notices by Tenant to Landlord shall not be considered complete until actual receipt by Landlord and shall be sent or delivered to the address noted for payment of Rent. Landlord or Landlord's agents, including any property managers, secretaries, or assistants, shall accept demands and/or service of process at the same address. Notices by Landlord to Tenant shall be deemed delivered when deposited in the mail, postage prepaid, addressed to the Premises, or when hand delivered or placed in the mailbox of Tenant at the Premises. Notices by Landlord to Tenant shall also be deemed delivered if addressed to a last known post office box address of Tenant.
§ XXX. Governing Law and Venue.
51. This Lease shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict of laws principles. The Parties agree that any action arising under or relating to this Lease shall be brought exclusively in the state or federal courts located in ________ County, State of ________.
§ XXXI. Entire Agreement.
52. This Lease contains the entire agreement between the Parties and there are no other promises, conditions, understandings, or other agreements, whether written or oral, relating to the subject matter of this Lease. This Lease may be modified or amended only in writing signed by both Parties.
§ XXXII. Severability.
53. If any part or sub-part of this Lease is deemed invalid or unenforceable by court order, judgment, or other operation of law, the remaining parts and sub-parts of this Lease shall remain valid and enforceable to the fullest extent permitted by law.
§ XXXIII. Heirs and Assigns.
54. Tenant may not transfer or assign this Lease or any portion of this Lease to a third party except as expressly permitted herein. Notwithstanding the foregoing, all covenants of this Lease shall succeed to and be binding upon the heirs, executors, administrators, successors, and permitted assigns of the Parties.
§ XXXIV. No Waiver.
55. If Landlord fails to enforce strict performance of any part or sub-part of this Lease, this shall not be construed as a waiver of Landlord's right to enforce the same part or sub-part later in time or to enforce any other part or sub-part.
§ XXXV. Binding Effect.
56. The provisions of this Lease shall be binding upon and inure to the benefit of both Parties and their respective legal representatives, successors, and permitted assigns.
IN WITNESS WHEREOF, the Parties have executed and delivered this Lease in the manner prescribed by law as of the Effective Date written below.
EXECUTION:
Effective Date: ________
LANDLORD:
________
Signature:
___________________________
Date:
___________________________
TENANT:
________
Signature:
____________________________
Date:
____________________________
ACKNOWLEDGMENT
State of ________
County of ________
On this ________, before me, ________, a Notary Public in and for said state, personally appeared ________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature(s) on the instrument the person(s) executed the instrument.
Witness my hand and official seal.
___________________________
Notary Public
My commission expires: ________
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