Understanding oral agricultural leases in Kansas

By Scout Nelson

In Kansas, a significant portion of farmland is operated under leases, with the landowners not directly involved in farming. Many of these agricultural leases are based on oral agreements, a practice steeped in tradition but still legally recognized in the state. The legal framework governing these leases is quite specific. 

Oral agricultural leases in Kansas are considered annual, running from March 1 to March 1. They automatically renew each year unless properly terminated. A valid termination of an oral lease must be in writing, clearly state a termination date of March 1, and be delivered to the tenant 30 days prior to this date. Any deviation from these requirements means the lease continues under the terms of the previous year. 

January is a critical month for lease renegotiations in Kansas. If new terms cannot be agreed upon, termination notices must be issued in time to meet the March 1 deadline. Both pasture and cropland leases are treated the same under Kansas statutes. 

While written leases can specify different dates and terms, an oral lease grants the tenant full annual control of the land, including hunting rights. This is one of the reasons why written leases are often encouraged by agricultural experts. 

There are important nuances to consider, particularly with planted crops. For example, if wheat is already planted at the time of lease termination, the tenant retains the right to harvest it, with cash rent or crop sharing terms from the prior year's lease applying.   

If a tenant has made investments in the land, such as applying fertilizer or herbicides, and the lease is properly terminated, the landlord owes the tenant for these inputs.  

Effective communication between tenants and landlords is crucial to avoid misunderstandings and potential disputes. Regular discussions throughout the year can help address any issues proactively, fostering a positive and productive leasing relationship. 

Understanding these aspects of oral agricultural leases in Kansas is crucial for both landowners and tenants to ensure that their farming operations and relationships remain sound and legally compliant. 

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