This article was originally published at: https://farmoffice.osu.edu/blog/fri-08222025-710am/september-1-lease-termination-deadline-approaching-some-farm-leases
Written by: Peggy Kirk Hall, Attorney and Director, Agricultural & Resource Law Program
September 1 is fast approaching, and it’s an especially important date for landowners who lease cropland under an existing lease that does not address when or how the lease terminates. In those situations, September 1 is the deadline established by Ohio law for a landowner to notify a tenant that the landowner wants to terminate the lease. If the landowner does not provide notice by September 1, the tenant operator has a legal argument that the lease continues for another lease term because it was not terminated by the deadline.
Here are a few important provisions about the statutory termination law that are important to understand:
- The September 1 termination date applies only to leases that do not address when or how the lease ends–such as a verbal lease or a written lease that lacks ending date or termination provisions. If a crop lease does include a termination date or a deadline for giving notice of termination, the statutory termination date law does not affect or change those agreed upon terms.
- The September 1 termination date applies only applies to crop leases. It does not apply to leases for pasture, timber, farm buildings, horticultural buildings, or leases solely for equipment.
- To meet the law’s requirements, a landowner must give the notice of termination in writing and deliver it to the tenant operator by hand, mail, fax, or email on or before September 1. While the law does not specify what the termination must say, we recommend including the date of the notice, the identity of the lease property being terminated, and the date the lease terminates. The statutory termination law states that the date of termination will be the earlier of the end of harvest or December 31, unless the parties agree otherwise.
- Tenant operators of leased land are not subject to the September 1 termination deadline—the law applies only to the landowner. Even so, it’s important for tenant operators to understand the new law because the law intends to protect a tenant if a landowner attempts to terminate a lease after September 1. In those instances, the law gives the tenant a legal argument that the lease should continue for another term because the termination notice was provided past the statutory termination deadline.
Put leases in writing to avoid the statutory termination law. This law illustrates the importance of having a written farm lease that includes termination and renewal provisions. The parties can agree in advance when the lease terminates or renews as well as how and when to provide notice of termination or renewal of the lease. Clearly written and detailed terms provide certainty for both parties and reduce the risk of lost inputs, lost rents and profits, and litigation due to a “late” termination. For resources on written farm leases, visit aglease101.org and refer to our farmland leasing resources in our ag law library.
Read more about the statutory termination law in our law bulletin and refer to Ohio’s “termination of agricultural leases” law in Section 5301.71 of the Ohio Revised Code