Article

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