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| I know of a similar situation.
Farmer 1 rented a field from the landlord. Landlord sold the farm last fall and terms of the sale were "subject to 2008 crop year lease" Farmer 2 bought the farm. The lease had a provision that allowed the new owner, farmer 2, to terminate the current lease agreement by paying farmer 1 a set amount per acre for fall plowing. No questions or dispute with this part.
However, Farmer 1 applied some fertilizer in November 07 before negotiating the 08 crop year lease. The farm was sold in early December 07.
I should add that the farm had been listed for sale two years prior, but was not sold and farmer 1 became the new tenant.
Farmer 1 sued the new owner for the cost of the fertilizer that he applied the previous fall. He lost the case on the grounds that he should have know that the lease could be terminated if the property was sold and therefore should have taken steps to mitigate his loss and negotiate the lease terms. Secondly, Farmer 1 applied the fertilizer before the lease was signed.
In short, you're probably out of luck. You better also pay the rent or your lease agreement could be void and then you're really screwed.
Your only hope is to negotiate some settlement with the landlord. | |
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Lost Rented Farm & Fertilizer Applied in Advance
