Q: If a farmer has a three-year signed lease, can the landlord terminate the lease before the time is up?
A: Both parties are bound by the lease agreement, so I suggest you look at it. While not common, I’ve seen agreements that are for a stated number of years, but allow either the tenant or landlord to terminate the lease at the end of the second year after giving a certain number of days notice.
Other than a specific term, a landlord may be able to end the lease if the rent is not paid or if there is another breach of the lease.
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Look to the terms of the lease to see what the rights of the parties are in event of non-payment or late rent or breach of other terms of the lease.
If the lease is silent as to rights, the law in Saskatchewan, from where you write, implies certain terms. The law provides that if the rent remains unpaid for two calendar months, the landlord can retake possession of his property without giving the tenant notice. If there are other breaches of the lease the landlord can give notice and require the tenant to take corrective action within a reasonable time.
If the lease is terminated by the landlord for non-payment of rent or other alleged breach, the tenant has the right to ask the court to continue the lease on such terms as a judge deems appropriate.
Landlord and tenant law is complex and I recommend you consult a lawyer about the matter.
Damage by lessee
Q: Our lease agreement covers several quarters of land, approximately one third of whichis pastureland. The pasture has not been grazed for several years. It is surrounded by a barb wire fence, but many of the poles are rotten and the fence is not in good shape.
The tenant started a fire that got out of control. The tenant said this was due to a sudden gust of wind. The fire spread into the pasture, burning several of the fence poles and creating a mess in the wooded area. Is the tenant responsible for the damage to the poles and the mess created? If so, how do we value the damage?
A: As a general rule, a tenant is responsible for all damage occurring to property other than normal wear and tear or damage occurring due to acts of nature. A tenant would not have the right to bulldoze a stand of trees and if she did, she would be liable to the landlord. However, if the trees blew over in a vicious storm, the tenant would not be liable.
In a farm lease there is also a presumption or implied term that the tenant will use good and normally accepted farming methods. Farming methods that devalue or damage the land are not permitted. So a tenant who took no action to control weeds would be in breach of the lease or implied term.
The use of fire is considered a dangerous activity and generally the law has imposed liability on whoever started a fire that goes out of control.
There is no magic for determining damages. If parties can’t agree, they can turn to mediators or evaluators. Failing that, they would have to have the court make the determination. In court, the person claiming the loss would have to show he is entitled to collect and would have to prove his monetary loss with evidence, such as a land evaluation.
Also look at the lease. Does it deal with a tenant’s responsibility for damages? If so, the lease governs.
Don Purich is a former practising lawyer who is now involved in publishing, teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
