Depends on state law, every one is slightly different. Perhaps this is in Wisconsin, but you didn't say for sure?
Also some states it depends if it is more or less than 40 acres, so if it's a 40 and there is a tiny bit of waste, that could matter.
Many states a verbal lease will auto-renew if nothing is communicated before the end of September or so.
This protects the renter from doing extra fall tillage, fertilizer, lime, contract future grain sales, and _then_ get the land jerked out from under him. Winter-wheat states have a spring deadline, typically....
In my mind, a pretty good way to handle this, really, or you have landowners taking advantage of theirtenents, waiting for the fert to go on and then locking them out.
But, every state is different, some have no clear rules and would need to be litigated individually. Most of these state laws are aimed exactly at verbal leases, as a written lease would already have the details spelled out.
I'm getting a bit lost on how your deal goes, not sure who is trying to sue whom, but the renter does have _some_ rights to get his fall work (for 2013 crop season) paid for, and rights to farm the land if no one told him not to by a certain time.
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