New cash renter/not paying---roundup ready beans not sprayed

atlarge54 · Jul 30, 2017

I signed an agreement with a farmer(?) to cash rent my 15acre field. We agreed on $200/acre 1/2 payment June 1st 2nd payment Dec 1st. So far he's stalled on first payment and not responding to my requests. The agreement is for 3 years but things don't look good so far.

Due to wet spring he planted roundup ready beans instead of corn. The beans came up pretty good but the weeds are crazy tall and it is getting pretty late in the season.

What are my options? What about me paying to spray the beans and finding someone to pick them this fall? What is a typical cost to spray 15acres with roundup?

DeltaRed · Jul 31, 2017

Do you have a written contract?You may get pd later. If he doesn't pay,throw him off in the fall.If you pay for spray,you may get 'hung' for all.It's not a good situation,but jumping the gun,takeing matters into your own hands will make it worse.You are just 'sol'(IMHO).It's his crop. Just wait it out.

JD Seller · Jul 31, 2017

It is his crop not yours. The rental payment is a monetary/civil issue not a possession one. I would do nothing to the crop. You can not harvest it and keep any proceeds in the fall. It is his crop. So spraying it would just be good money thrown after bad in this case. You limited to what you can do. This varies state to state as well but it is his crop in all of them I know of. The land lord can not take a crop for rent payment.

Do you have a UCC1 filed on the rental agreement??? If not your an unsecured creditor to the renter. If he has an operating loan then that lender very well could have a lien on the crop even though it is growing on your field.

Traditional Farmer · Jul 31, 2017

If you're in a state where the laws favor deadbeat farmers you got a problem but many states he'd be just like any other renter no pay, go to court and have him thrown off the property and get judgement for the rent.No way I'd ever lend money to another farmer which is what you're doing with delayed rent payment,with only 15 acres he'd be paying me 100% of the rent by March 1st or he's not getting the land that year to plant corn.You might have to take a little less in rent but 80% of the rent in hand is better than 100% of the rent in his pocket and be in a position to screw you out of it.

Ian Beale · Jul 31, 2017

I finally had to look up "sol"

Down here is is "s!1* on liver"

ss55 · Jul 31, 2017

Each state has its own laws and local customs. Your lease should spell out the consequences of late rent payments. It should also spell out the process for either party to terminate the lease early. I would talk to your attorney before doing anything else.

Butch(OH) · Jul 31, 2017

Sad situation for sure, sorry to read of your troubles but glad the subject has been brought up on here. I would have thought that a land owner would have more rights than having to allow a dead beat to use his property who wasn't paying but apparently not? I have fallen behind the times a bit as I have had the same tenant for over 25 years on a simple agreement. He is up there in age and is talking retirement. Guess if I dont know the guy personally the new tenant will be paying up front and will not be allowed on the property until I am paid.

BarnyardEngineering · Jul 31, 2017

Your renter probably has some cash flow issues, as many farmers do. Not going to get blood from a stone. Just let it ride. He may come to you after harvest and pay what he owes. That's your only hope.

At least the beans are putting some nitrogen into the soil, and if he doesn't harvest them all that organic material goes back in as well.

Does your agreement with this guy include a way out if he doesn't pay? If not you're stuck for all three years without involving a lawyer.

Traditional Farmer · Jul 31, 2017

Why can't the land owner take the renter to court for the 1st past due rent payment? And if he gets judgement he should be able to attach a lien on the crop just like any other debt/judgement?

centash · Jul 31, 2017

Round up or generic glyphosate will run about 7 dollars per liter, at one liter per
acre, so just over a hundred bucks, unless the infestation warrants a higher rate.
Talk to the guy first and get any promises in writing. Ben

JD Seller · Jul 31, 2017

Traditional farmer the landowner can take the renter to court and get a judgement. He sounds like he was just going to take over the crop with out doing that.

old-9 · Jul 31, 2017

I would call him again, leave a nice message to return call. If no return call, follow up with a registered letter. If nothing , then go to a lawyer.

Goose · Jul 31, 2017

As a last resort, you can take him into litigation for non-performance.

Check with an attorney to see what your options are. Things change from state to state.

pinball · Jul 31, 2017

my question is did you have a lawyer write up the agreement. your only smart recourse is to contact a lawyer and show him the agreement, he will advise you and probably keep you from doing something stupid. just saying

Bob in SD · Jul 31, 2017

When they were little I told my kids it meant "So out of luck". My son was about 10 when he figured out what it really meant. Acted like it was a big secret for a couple of years.

dhermesc · Jul 31, 2017

Since he never made the first payment is it his crop? Or was there a trespasser running his equipment on the ground?

Contract law requires and exchange - in this case no exchange took place. If he had made the first payment I agree - the renter owns the crop, but without making the first payment he nullified the contract before there was a crop in the ground.

Leroy · Jul 31, 2017

Spraying might not be good money thrown after bad if you are early enough to stop the weed seed production so you don't have all those seeds comming up next year to have more problems then and in future years. Right now I might be more conserned about the lack of care in taking care of the weeds so it does not dammage the property in the future. If they are not taken care of if you get out of the contract getting no rent at all for this year the amount of weeds sown this year may limit your chances of renting next year.

Dave8N in Pa · Jul 31, 2017

You need to be sure those beans are round up ready! If not, you will be liable. I would be at to field when he shows up with the combine.

JOCCO · Jul 31, 2017

First as others said educate yourself on state laws regarding this are, This may entail a lawyer. Many bad factors can come into play here. 1. if he owes for seed and inputs those companies can come after you!!! 2. Crop liens are somewhat of a pain if the crop is worth 10000 and you and costs are 5000 you might have to pay him 5000. I would work toward getting him off your land and 2. if rent is $3000 a year make him pay in full buy a said date or no entre on said land. I know some people that went this route there land did not always get farmed but they got rid of deadbeat tenants!!! I would also add if you know this guy and where he is GO SEE HIM AND ASK FOR AN ANSWER.

MarkB_MI · Jul 31, 2017

What does your lease say? If the lease does not explicitly grant you the right to do so, you have no right to do anything with the crop. You have a cash lease, period. Time to talk to Lawyer-Man.

K Effective · Jul 31, 2017

Plow the whole field under for green manure right now. If and when he notices, and comes calling, ask "What lease? The one you broke? Sue me."

Sit back and wait for fireworks.

Some times you have to make life interesting.

coshoo · Jul 31, 2017

There are more effective ways to "make life interesting" than just shooting yourself in the foot. Plowing it under would be great for the renter- he probably has abandoned it, and would normally get nothing. But if you plow it under, he'll take you to small claims court and will be awarded the average value of the crop that he lost on account of your trespass. The award will be offset by the amount of unpaid rent, so he'll get a lesser amount from you, but you'll still end up with nothin'.

Straw Boss · Jul 31, 2017

Woulda coulda shoulda at this point but I'll say it anyway. You're supposed to get the first half of the rent BEFORE he plants
anything. Usually about April 1st in small grain country. April 15th in row crop areas. No get money....no get to play in the
dirt.

Formerly PaMike · Jul 31, 2017

Stop in at the guys place and talk to him face to face. Maybe he just got in over his head and is willing to walk away. Maybe he had an equipment breakdown and hasn't been able to get into spray. Maybe his wife is dying. Stop in, talk to him and see what the deal is...

fixerupper · Jul 31, 2017

Will Roundup even touch the weeds anymore? If this field has never had Roundup used on it the Roundup might still smoke the weeks. If the weeds are resistant to roundup, only a crew out there pulling the weeds will stop them.

JOCCO · Jul 31, 2017

DON'T LAUGH I HAVE SEEN SUCH STUFF DONE!!!

John T Country Lawyer · Jul 31, 2017

In my professional legal opinion NOT knowing all the facts and NOT having researched your states laws and NOT knowing what if any the lease terms are, I can only say it sounds like the renter IS IN BREACH. If so you are entitled TO DAMAGES and those are generally NOT that you take over the crop etc., you go to Court to establish legal breach then once you prevail you ask to be awarded DAMAGES...........

Your answer IS NOT what me or anyone here thinks or says, its what a court of competent jurisdiction might award for breach of contract...........

Talk to a local trained competent PROFESSIONAL and take his or her advice over lay or even professional opinions (mine sure included) posted here is my advice.

John T BSEE, JD Attorney at Law

Ozlander · Jul 31, 2017

(quoted from post at 12:18:07 07/31/17) Stop in at the guys place and talk to him face to face. Maybe he just got in over his head and is willing to walk away. Maybe he had an equipment breakdown and hasn't been able to get into spray. Maybe his wife is dying. Stop in, talk to him and see what the deal is...

Finally, the right answer.

ztrmowers · Jul 31, 2017

that crop is not yours! go talk with him period, if get nothing gained then need get legal advise.
and he still has the year to pay you. all my ground is rented out so it does worked in most cases
okay. there is always a bad apple in some cases. but that crop is not yours

Tim(nj) · Jul 31, 2017

If it was reported to FSA as his crop, and it has a grain loan against it through FSA, and it has crop insurance on it, and you plow it under, who do you think those entities are going to come after for their money?

atlarge54 · Aug 2, 2017

(quoted from post at 05:47:39 07/31/17) I signed an agreement with a farmer(?) to cash rent my 15acre field. We agreed on $200/acre 1/2 payment June 1st 2nd payment Dec 1st. So far he's stalled on first payment and not responding to my requests. The agreement is for 3 years but things don't look good so far.

Due to wet spring he planted roundup ready beans instead of corn. The beans came up pretty good but the weeds are crazy tall and it is getting pretty late in the season.

What are my options? What about me paying to spray the beans and finding someone to pick them this fall? What is a typical cost to spray 15acres with roundup?

Renter will not reply, will take contract to lawyer tomorrow. Thanks to all for their input. Will try to post results when things get rolling.

Ozlander · Aug 2, 2017

What do you mean "Renter won't reply"?
You knocked on his door and he won't answer?

Surely you're trying to deal with this by E-mail.
That's not even half trying.
Apparently you don't want your money very bad.

JDIH · Aug 2, 2017

Sounds like a lot of money spent on lawyers for only 15 acres. I agree with a few of the others, go talk to him in a non threatning way. He may be having money issues like a lot of us have had at one point in out lives. How much ground does he farm, are the other places like this? If he's a bto you might be in trouble. If he's small time he may work out to be the best renter you've ever had.

atlarge54 · Aug 3, 2017

(quoted from post at 04:15:26 08/03/17) What do you mean "Renter won't reply"?
You knocked on his door and he won't answer?

Surely you're trying to deal with this by E-mail.
That's not even half trying.
Apparently you don't want your money very bad.

After my third visit (nobody home) or won't answer door? Two building permits in window one for new pole barn and one for house remodel. He won't answer phone or reply to text. I have not been nasty to him at all. Kinda hard to be too sorry for him.

I'm a young naïve 65 year old----but have learned that when someone owes you money and lines of communication stop thing don't go well.

New cash renter/not paying---roundup ready beans not sprayed

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