What would Grandma and Grandpa have wanted?
These discussions should not begin and end with a developer’s offer. Identifying family goals now gives the family something to plan around.
Read More
By Nicole Steiner, Esq., Wright & Moore Law Co., LPA
Leasing farmland is often personal. You’ve worked the same ground for years, maybe decades. It might’ve started with a handshake. Maybe your dad knew their dad. You send Christmas cards, shovel snow, and swap sweet corn in July. But when life shifts, a landowner dies, or land is sold or-released, trust alone isn’t enough.
In 2022, Ohio passed House Bill 397 (R.C. § 5301.71) to give farmers more security by standardizing farm lease terminations. Before HB 397, a last-minute text “We’re leasing to someone else”—could upend your season. The law helps, but only a comprehensive written lease ensures your rights when circumstances shift.
Where things get messy
Without a well-drafted lease, you’re vulnerable. Here’s why, based on recent real-life projects:
- Landowner dies: A signed lease with clear terms that bind the estate or heirs may resolve a dispute. Oral or vague leases invite disputes—executors or heirs may claim ignorance and try to sell or re-lease the land.
- Aging landowner, meddling child: Adult children may push aging parents to raise rent or switch tenants, ignoring your years of loyalty and investment.
- Land sales: A new buyer may try to ignore a lease. Recording a lease isn’t required but is best practice, as it provides clear notice of your rights to buyers and others. Additionally, written leases over three years must be notarized to be enforceable for the full term.
- Better offers: The landlord might not be seeking a new tenant, but an unsolicited call from another farmer offering $50 more per acre can change their mind.
- Family dynamics: Heirs or relatives might return home and insist on taking over, claiming it’s “family land.” A signed lease prevents a grandchild or cousin from unexpectedly replacing you.
- Landlord risks: HB 397 focused heavily on tenant protections, leaving landlords exposed if tenants miss rent. A thorough signed lease with clear non-payment clauses allows landlords to terminate or pursue remedies.
Oral agreements or loosely-assembled written contracts feel neighborly but crumble under conflict. Even with a signed lease, enforcing your rights may require expensive and disruptive litigation.
Protect your operation
A signed, well-drafted lease is your strongest tool. Here’s how to make it work:
- Get it in writing: Replace handshakes with a signed lease detailing rent, acreage, term, termination rights, and other key provisions. Don’t rely on goodwill when heirs, buyers, or better offers emerge.
- Limit or notarize: Leases over three years must be notarized. Alternatively, keep leases to three years or less and renew as needed.
- Record: To bind new owners and provide notice to the public, record a memorandum of lease at the county recorder with sensitive information omitted.
- Binding terms: Ensure the lease applies to heirs, buyers, and successors. Add clear default and remedy clauses, especially for non-payment, to protect both parties.
- Review yearly: Farming changes fast. Revisit and update your lease yearly to reflect current needs and conditions.
- Seek expert help: An experienced farm attorney can craft a lease tailored to your operation. Alternatively, an online template may get the job done.
Bottom line
Farming is uncertain enough—your lease shouldn’t be.
HB 397 adds important structure, but it won’t save you from an oral agreement or a vague written contract. Don’t assume that years of farming—or swapping sweet corn—guarantee next season’s rights. A signed lease is your best defense.
About the Author
Nicole Steiner is a junior associate on the Farm Succession & Legacy Preservation Team at Wright & Moore Law Co. LPA in Delaware, Ohio. She assists clients with a range of agricultural matters, including succession planning, farm lease disputes and family law issues. Raised on her family’s dairy farm in Wayne County, Ohio, Nicole brings a firsthand perspective to her practice. After earning a degree in agriculture from The Ohio State University, she worked as a brand manager for the Certified Angus Beef® brand in Wooster, Ohio. Nicole then earned her law degree from Liberty University School of Law, where she interned for Chief Justice Parker of the Alabama Supreme Court. Admitted to the Ohio Bar in 2024, Nicole combines her roots and legal training to help farming families resolve conflict and navigate transitions to the next generation.
Wright & Moore Law Co., LPA has a rich heritage in Ohio agriculture. Since 1988, our firm has proudly assisted farmers, rural residents, and landowners from all over the state with their farm succession planning and agricultural legal needs. We would be happy to discuss your family goals and how to meet them. To learn more about Wright & Moore or schedule a meeting, call 740-990-0750 or visit OhioFarmLaw.com
My first recommendation in your journey is to start out with a local farming friend or mentor along with joining an organization like Ohio Farm Bureau.
We’re just so thankful for the Farm Bureau and the foundation for helping put this together. And of course, the Boyert family for the vision they had with this grant. It’s jumping us forward 10 years. It’s unbelievable.
I could not have done it without the resources I have found through Farm Bureau.
It wasn’t until I joined the Wilmington College Collegiate Farm Bureau that I truly saw how my passion could translate into leadership, advocacy and a career.
The issue of property taxation remains as one of the biggest challenges our members face today. Ensuring agricultural property is valued for its agricultural potential and not development is critical to the continued success of Ohio agriculture.
Through the Select Partner program, we became educated in farm insurance and weren't just selling policies. It became more and more clear why farmers need an advocate like Ohio Farm Bureau.
So many of the issues that OFBF and its members are advocating for are important to all Ohioans. I look at OFBF as an agricultural watchdog advocating for farmers and rural communities across Ohio.
Featured Articles
Ohio Farm Bureau Podcast: What Landowners Should Know About Easements
Ryan Conklin of Wright & Moore Law continues our conversations on land transactions, discussing easements and what landowners should know before making a decision.
Read More
Transitioning the farm: equitable vs. equal?
Conflict among family members and possible heirs threatens the farm’s survival. Possible solutions depend on the dynamics of your farm and your financial situation.
Read More
Gifting now versus waiting for a step-up in basis
A lot of factors and personal goals can go into this decision, which we suggest discussing with your farm succession team.
Read More
Recent farm lease lessons and recommendations
In 2022, Ohio passed House Bill 397 to give farmers more security by standardizing farm lease terminations. The law helps, but only a comprehensive written lease ensures your rights when circumstances shift.
Read More
Ohio Farm Bureau Podcast: Estate Tax and Farm Income Outlooks
Get a 2025 estate tax outlook and find out what the farm income outlook for this year on this Ohio Farm Bureau Podcast.
Read More