Are you considering selling your farm between now and spring 2012? Or maybe you are thinking of altering your current farm lease to take advantage of the high commodity prices? If so, we would recommend formally terminating your lease. Why is this important? To ensure the highest sale price, you will want to have all possible buyer groups be interested in the farm, including farmers, who have been key players in driving some of the high sale prices we have recently seen. When a farmer buys a property, he wants to actually farm it – not be a landlord and watch someone else do the work. With a lease in place on a farm for sale, farmers will typically have less interest and/or discount the price they are willing to give. Either way, if the sale of your farm before next spring is a possibility, it is recommended that you look into lease termination. Not doing so could potentially cost a seller thousands of dollars in a lower sales price.
What many landowners don’t realize is that terminating a lease is not as easy as just calling up their tenant and having a conversation. Each state has its own guidelines for properly terminating a lease agreement. Don’t follow the correct steps, or don’t do it in a timely manner, and it’s like you never did it at all. For example, In Illinois a tenant must be notified in writing no later than 120 days before the end of the current lease and this notification must be delivered by certified mail. If you have specific questions on proper lease termination for your farm, it’s recommended that you consult with your attorney or an agricultural land professional.