Iowa Farm Leases: A Legal Review

Updated June 30, 2023

OVERVIEW

As of 2022, Iowa had 84,900 farms.

In 2022,

58 percent of Iowa farmland was leased, with

51% of the contracts being fixed or flexible cash

lease agreements.

Given these numbers, it is

crucial that Iowa landowners and producers

understand the legal implications and

requirements of their farmland leases.

CONTRACT CONSIDERATIONS

A lease is a contract under which a right to use and

occupy real property is conveyed. A farm lease is a

binding legal contract, whether or not that lease is

reduced to writing. To ward off disputes

over agreed- upon terms, it is very important that

those terms be put into writing, signed by both

parties. The writing should be definite and

certain and should include all of the terms the

parties wish to enforce. The parties to the lease

should not execute side agreements or additional

promises separate and apart from the written lease.

These agreements are difficult to prove and

can lead to expensive litigation. Likewise, if

parties choose to modify their lease, they

should always record those modifications in

writing.

Iowa State University’s Ag Decision Maker

provides several sample leases and supplementary

provisions parties can use to create a farm lease.

is advisable, however, for landlords and tenants

to consult with an experienced agricultural

law attorney before entering into any new

contract, including a farm lease.

At a minimum, a farm lease should always

contain the following terms:

• Full names and mailing addresses of parties

• Lease term

• Tenant’s rights and duties (ex. remove weeds

and maintain fences)

• Landlord’s rights and duties (ex. pay property

taxes)

• Any restrictions on the use of the land (ex.

Hunting not allowed)

• Legal description of Property and number of

contract acres

• Amount of rent and date(s) due

• Allocation of lime and trace elements over life

of lease

• Indemnification provisions

Right to “Aboveground Plant”

The Iowa Legislature enacted Iowa Code §562.5A

in 2010 in response to the growing commoditization

of corn stalks. Under the statute, unless otherwise

agreed to in writing by a landowner and farm tenant,

a farm tenant may take any part of the aboveground

part of a plant associated with a crop, at the time of

harvest or after the harvest, until the farm tenancy

terminates. In other words, if a landlord does not

want the tenant to have the right to harvest the corn

stover, the written lease must state that the

aboveground part of a plant associated with a crop

belongs to the landlord. This rule applies to all farm

leases, including those entered into before 2010 and

continued effective through auto-renewal.

Oral v. Written Lease

Although a written lease is preferable, oral leases

are enforceable contracts. Generally, however, such

contracts can only be proven for a one-year period.

This is because the statute of frauds applies to a farm

lease that is for a term greater than one year.

The

statute of frauds is an evidentiary rule that makes

oral proof of contracts to which the statute applies

incompetent. That means that the statute of frauds

will typically bar the admission of evidence required

to prove the existence of an oral farm lease

IOWA FARM LEASES: A LEGAL REVIEW

beyond a one-year term. It does not, however, void

such contracts or render them invalid.

RECORDING A FARM LEASE

Agricultural leases for a term of greater than five

years (with renewals

) MUST be recorded with the

county recorder within 180 days of execution.

Although the entire lease may be recorded, it is

sufficient to record a memorandum of the lease

containing:

• names and addresses of all parties named in

the lease

• a description of all real property

• length of the contract or initial term of the

lease, and a statement as to whether any of

the named parties have or are subject to

renewal rights

if so, the event or condition upon which

renewal occurs, the number of renewal

terms and the length of each

The failure to record a lease subject to the statute is

punishable by a fine not to exceed $100/day for each

day of violation.

LEASES FOR MORE THAN 20 YEARS

Article I, § 24 of the Iowa Constitution states that no

lease of agricultural lands “shall be valid for a

longer period than 20 years.” If a lease violates this

constitutional provision, only that portion of the

lease beyond 20 years will be unenforceable.

The

constitutional provision is not violated by a lease

extending beyond the 20-year term only by virtue of

Iowa’s statutory auto-renewal provisions. Likewise,

parties can agree to renew their farm leases beyond

20 years. The constitutional provision merely

prevents a single lease from locking either party into

that outcome.

The Iowa Supreme Court recently ruled that Iowa

Const. art. I, § 24 was violated by a written lease

providing for a five-year term with an “option to

renew for four additional five-year terms” unless the

tenant elected out.

The lease under review by the

Court locked the landlord in for 25 years, but

allowed the tenant the option to terminate at the end

of each five-year period. The tenant argued that

purpose

the

constitutional

provision

was

protect tenants from oppressive landlords and that it

would thus not be thwarted by upholding the

renewal provision at issue. The Court rejected the

argument, holding that art. I, § 24 was designed to

protect either party from being locked into an

agricultural lease for a period of more than 20 years.

As such, the Court ruled that the last five-year

extension was unenforceable.

AUTO-RENEWAL OF IOWA FARM LEASES

Iowa Code § 562.6 generally provides that Iowa

leases for a farm tenancy automatically renew for

another crop year under the same terms and

conditions as the original lease unless either party

provides written termination notice (in the specific

manner directed by statute)

on or before

September 1. This provision, which is unique to

Iowa, can surprise an unwary landlord or tenant.

The auto-renewal provision applies equally to oral

leases or written leases. It also applies equally to

one-year leases or multi-year leases.

Regardless of the length of the term of the original

lease, the auto-renewal provision extends the

existing lease for just one additional year. However,

a lease continues to yearly auto-renew under the

statute, unless either party issues a notice of

termination. In other words, without statutory

notice, an automatically renewed lease will renew

again.

Note: It is important to realize that the auto-

renewal provisions apply equally to landlords

and tenants. For example, if a tenant does not

wish the current lease to automatically renew for

the following crop year under the same price and

terms, the tenant must send statutory notice to

the landlord by September 1.

Although the auto-renewal statute sometimes

impairs contractual terms agreed upon by the

parties, the Iowa Supreme Court has ruled that it is

constitutional.

Because this provision is strictly

enforced, it is important that all farm landlords and

tenants understand the contours of the law.

IOWA FARM LEASES: A LEGAL REVIEW

Farm Tenancy

The auto-renewal provision applies to a farm

tenancy, defined as “a leasehold interest in land held

by a person who produces crops or provides for the

care and feeding of livestock on the land, including

by grazing or supplying feed to the livestock.”

2016, the Iowa Court of Appeals ruled that the

definition of farm tenancy was broad enough to

include a small residential acreage where a single,

38-year-old horse was grazing.

In 2017, however,

the Iowa Supreme Court vacated that decision,

ruling that the land must be “mostly or primarily

devoted to crops or livestock” before a farm tenancy

can be created under the statute.

The term

livestock means “an animal belonging to the bovine,

caprine, equine, ovine, or porcine species, ostriches,

rheas, emus; farm deer; or poultry.” It remains to be

seen how courts will apply this new “primary

purpose test.”

Exceptions to Auto-Renewal

The auto-renewal statute does include several

exceptions to its reach.

Written Agreement to Terminate

The statute begins, “If a written agreement is made

fixing the time of the termination of a tenancy, the

tenancy shall terminate at the time agreed upon,

without notice.” The Legislature modified this

exception to its current form in 2016. Effective July

1, 2016, the provision requires an agreement to

terminate a farm tenancy to be in writing.

Before

this change, the statute did not require an agreement

to terminate to be in writing, although oral

termination agreements were rarely enforced in

court.

It is important to note that a written agreement to

terminate must be separate and subsequent to the

actual lease (not part of it).

A lease providing for

a specific termination date, even stating that the

parties wish to terminate the lease on the stated date

and waive the right to statutory notice, will still be

subject to the auto-renewal provisions of Iowa Code

§ 562.6. Thus, parties wishing to execute an

agreement to terminate the lease, must execute a

separate written contract to accomplish this result.

The statute provides that the written agreement will

cause the lease to terminate on the agreed date.

Conversely, a party terminating a lease by issuing

termination notice must set the termination date at

March 1.

Less than 40-Acre Animal Feeding Operation

The auto-renewal statute specifically states that it

does not apply to a farm tenancy with an acreage of

less than 40 acres where an animal feeding

operation is the primary use. Before 2013, the

exception included all farm tenancies that were less

than 40 acres. Under the current law, all farm

tenancies less than 40 acres are subject to auto-

renewal unless they fall within the narrow animal

feeding operation exception.

An "animal feeding

operation" means a lot, yard, corral, building, or

other area in which animals are confined and fed

and maintained for 45 days or more in any 12-month

period, and all structures used for the storage of

manure from animals in the operation.”

Under this

definition, it would seem that only animal feeding

operations such as feedlots and confinements fall

under the statutory exception. Landlords or tenants

should send statutory notice of termination for the

lease of a small pasture if they want to avoid auto-

renewal.

Mere Cropper

The auto-renewal statute also excludes from its

reach arrangements involving mere croppers. As

such, a cropper is not entitled to statutory

termination notice. A cropper is "one who, having

no interest in the land, works it in consideration of

receiving a portion of the crop for his labor.”

contrast, a tenant has an estate in the land for a term,

and, consequently, has a right of property in the

crop. The question of whether an operator is a tenant

or a cropper is a jury question if the case goes to

trial.

Default in Performance

The statute specifically provides that “the tenancy

shall not continue because of an absence of notice if

there is default in the performance of the existing

rental agreement.” This means that if a party

breaches the terms of the lease and the other party

wishes to terminate the lease due to the breach, the

IOWA FARM LEASES: A LEGAL REVIEW

auto-renewal provision will not supersede the non-

breaching party’s right to terminate.

TERMINATION NOTICE PROCEDURES

In order to serve proper statutory termination notice

to avoid auto-renewal of a farm lease, the party

wishing to terminate the lease must strictly follow

the statutory requirements.

Notice Method

Iowa Code § 562.7 provides three alternative

methods for serving statutory notice. Any of the

following are acceptable:

• Delivery of the notice, on or before

September 1, with acceptance of service to

be signed by the party to the lease or a

successor of the party.

• Serving the notice, on or before September

1, personally, or if personal service has been

tried and cannot be achieved, by publication,

on the same conditions, and in the same

manner as is provided for the service of

process in a lawsuit.

• Mailing notice before 9/1 by certified mail

to the last known mailing address.

The most common—and usually the most

efficient—way to serve statutory notice is option

three: mailing the notice by certified mail before

September 1. Under this method, the service is

completed “when the notice is enclosed in a sealed

envelope, with the proper postage on the envelope,

addressed to the party or a successor of the party at

the last known mailing address and deposited in a

mail receptacle provided by the United States postal

service.” The courts construe the notice statute

requirements very strictly. Notice will not be

sufficient, for example, if it is sent via regular,

instead of certified, mail.

It does not matter if the

intended recipient actually receives the notice and

admits to having read it.

The notice will be

deemed invalid and the lease will auto-renew unless

all statutory requirements are followed. The courts

have reasoned that, without such an interpretation,

the purpose of Legislature would be thwarted,

“returning

jousts

between

landlords

and

tenants as to whether notice was in fact given when

informal notification was used.”

Note: It is important that the sender of the notice

retain the certified mailing receipt. Without such

receipt, he or she will be unable to prove proper

service if a dispute arises.

Termination Date

The law provides that termination notice “must fix

the termination of the farm tenancy to take place on

the first day of March.”

Where one landlord sent

termination notice purporting to terminate the lease

on December 31, the court ruled that the notice was

still valid.

The court, however, ruled that the

tenancy terminated on March 1, as required by Iowa

Code § 562.5, not on December 31 as stated in the

notice.

DEATH OF A PARTY TO THE LEASE

Tenant

At common law, the death of a crop share tenant

resulted in the automatic termination of the lease.

That is still the law in some jurisdictions. Because

of the auto-renewal statute, however, that common

law rule has been changed in Iowa. In Iowa, the

death of a tenant—even a crop-share tenant—does

not automatically terminate the lease. If a tenant dies

on October 1, for example, and termination notice

was not given by September 1, the legal

representative of the estate of the tenant is entitled

to continue to farm the ground the following crop

year pursuant to the auto-renewal statute.

Landlord

Similarly, the death of a landlord does not cause the

lease to terminate at the landlord’s death. This is

true even where the landlord was only a life tenant.

The statute provides that a farm tenancy granted by

a life tenant shall continue until the following March

1 if the landlord dies during the term of the lease.

This is true, even though the landlord’s interest in

the property legally dies with her. Furthermore, if a

landlord who is a life tenant dies between

September 1 and the following March 1 and

statutory notice was not given to the tenant, the

tenant will have the right to farm the ground for an

IOWA FARM LEASES: A LEGAL REVIEW

additional crop year pursuant to the auto-renewal

statute. The successor in interest to the life tenant

must then serve statutory termination notice on the

tenant the following crop year or the lease will again

auto-renew. These auto- renewal provisions do not

alter the doctrine of emblements, which provides

that a life tenant’s estate is entitled to the life

tenant’s share of a crop (under a crop-share lease) if

the death occurs after the seed was planted.

TENANTS IN COMMON

Often a parent will die, leaving farmland to his or

her children as tenants in common. This presents

some unique management challenges. “Ordinarily a

lease of the entire estate by one tenant in common is

not binding on other tenants in common who have

not authorized or ratified it.”

Thus, unless all

tenants in common agree to rent the property, the

lease will generally not be enforceable against the

tenants in common who make their objections

know. However, where a lease is made by one

tenant in common and the lessee takes possession

and continues to pay rent, it will be presumed that

the lease was made with the knowledge and consent

of the other tenants in common, absent evidence to

the contrary.

Because of this rule, it is important

for all tenants in common to monitor their property

and immediately object if they observe a non-owner

possessing the ground without their permission.

One tenant in common may send termination notice

to a lessee and it will generally be enforceable. This

result is less certain, however, where the tenants in

common disagree as to whether to terminate the

lease. Most likely, however, under current Iowa law,

one tenant in common—even a minority tenant in

common—can send enforceable termination notice

to the lessee, even if the other tenants in common

disagree.

OUSTER AND BREACH

Holdover Tenant

If a landlord properly terminated the lease by

serving statutory notice before September 1, but the

tenant refuses to vacate the property as of March 1,

the landlord may evict the holdover tenant. Because

of the risks of failing to properly follow the statutory

procedure, the landlord should engage legal counsel

to complete the eviction. Typically, the landlord

must serve a three-day notice to quit upon the

holdover tenant

and then file a forcible entry and

detainer action.

Once the action is initiated, the

court will schedule a hearing to allow both parties

an opportunity to be heard.

Nonpayment of Rent

The Iowa Supreme Court has stated that failing to

pay rent when it is due is a default in performance

that entitles the landlord to initiate termination

proceedings, no matter when that default occurs.

Although many leases provide that nonpayment of

rent “terminates” the lease, termination in such

cases is not automatic, but an option the landlord

can exercise.

Any specific written lease terms will

govern the landlord’s procedure for terminating a

lease for nonpayment. Generally, however,

nonpayment of rent will entitle the landlord to

terminate the lease and initiate a forcible entry and

detainer action.

Because equity abhors a

forfeiture, this right is generally subject to a

“substantial compliance” exception.

For example,

a landlord will not generally be allowed to terminate

a lease if a tenant who is able to pay merely misses

the deadline by a few days. As such, the landlord

should first provide a non-paying tenant with a

notice of default and intent to terminate, offering

within the notice a reasonable opportunity to cure.

If the tenant is unable to pay and refuses to vacate

the premises, the landlord may initiate forcible entry

and detainer procedures (preceded by a three-day

notice to quite).

If the landlord is unable to find a

tenant willing to pay the amount of rent the non-

paying tenant was obligated to pay, the landlord

may seek breach of contract damages against the

evicted tenant for the difference. Again, it is

important for landlords to seek the assistance of an

experienced attorney to ensure that ouster and

breach procedures are properly followed.

Breach of Other Provisions

Typically, nonpayment of rent is the clearest breach

for which a landlord has the right to immediately

terminate the lease. The remedies for other breaches

may not be so clear. Even where a material breach

exists, a party must ordinarily be given a reasonable

IOWA FARM LEASES: A LEGAL REVIEW

opportunity to cure the failure.

If the violation is

cured, the lease cannot be terminated. Termination

is usually possible, however, where no cure is

forthcoming for a material breach.

In such a case, the court will consider the magnitude

of the harm caused by the breach and the hardships

incurred to the tenant by a potential ouster. A breach

that may be sufficient to terminate a multi-year lease

at the end of a crop year may not be sufficient to

terminate a lease in the middle of a crop year. In a

1963 case, the Iowa Supreme Court allowed a

landlord to terminate a three-year lease at the end of

the first year because the tenant had breached (and

did not cure) the good husbandry provisions of the

lease.

The Court suggested, however, that the

same conduct likely would not have been sufficient

to terminate the lease in the middle of the crop year.

To “oust the tenant with the hardships and

difficulties resulting from such action” would have

presented a different case. As it was, the Court ruled

that “tenant's operations were such that the landlord

should not be required to put up with them for two

more crop years.”

FINANCIAL PROTECTIONS FOR THE

LANDLORD

The easiest way a landlord can protect his or her

right to receive the rent is to require full payment up

front. If the tenant doesn’t pay, the landlord then has

time to terminate the lease and negotiate a lease with

a new tenant for the same crop year. When this

arrangement is not possible, landlords have several

other options to reduce their financial risk.

Landlord’s Lien

Iowa Code § 570.1 provides that a landlord “shall

have a lien for the rent upon all crops grown upon

the leased premises, and upon any other personal

property of the tenant which has been used or kept

thereon during the term and which is not exempt

from execution.”

This means that a lien automatically attaches to the

farm products grown on the property by virtue of the

landlord leasing the property to a farm tenant. The

landlord has a statutory lien by operation of law.

This

does

not

mean,

however,

that

the

lien

perfected. Only a perfected landlord's lien is

prioritized ahead of other secured or lien creditors.

To perfect the landlord’s lien, the landlord must file

a UCC-1 financing statement with the Iowa

Secretary of State.

If that perfection occurs when

the tenant takes possession

of the property or

within 20 days after the tenant takes possession, the

Code gives the landlord’s lien a special priority

position ahead of previously perfected security

interests and ahead of many other previously

perfected statutory liens.

Specifically, the Code provides that, subject to a few

exceptions:

A perfected lien in the farm products has priority

over a conflicting security interest or lien,

including a security interest or lien that was

perfected prior to the creation of the lien under

this section.

In other words, if the landlord files a UCC-1 within

20 days of possession, the landlord’s lien will have

priority over a conflicting security interest held by a

bank or an agricultural supply dealer’s lien

perfected before March 1. Under the statute, only a

properly perfected harvester’s lien

or a perfected

commodity production contract lien

would have

priority over a properly perfected landlord’s lien on

crops.

But remember, this special priority is only

available if the UCC-1 is filed by the time the tenant

takes possession of the property or within 20 days

thereafter.

Although a perfected lien does not guarantee that a

landlord will recover his payment due (bankruptcy,

for example, can throw a wrench into the recovery),

it does provide the maximum legal protection

available to a landlord. To perfect a landlord’s lien,

a landlord must file a standard financing statement

(UCC-1) with the Iowa Secretary of State.

• Instructions for filing this form online can be

found on the Secretary of State’s website.

• The statement must say that it’s "for the

purpose of perfecting a landlord’s lien."

IOWA FARM LEASES: A LEGAL REVIEW

• It costs just $10 to file the UCC-1 to perfect

the lien. According to Iowa Code §570.1, this

financing statement is effective "until the

termination statement is filed."

• Because Iowa Code §554.9515 requires a

continuation statement after five years for

security interests, however, it may be best

practice to file a continuation statement after

five years if the landlord's lien remains in

place. This may help avoid confusion or

disputes.

• No signatures are required to file the landlord's

lien.

A landlord’s lien continues for one year after rent is

due or six months after the end of lease, whichever

is first.

Within 20 days after a landlord who has

filed a financing statement receives a written

demand from a tenant, the landlord must file a

termination statement if the lien has expired or the

tenant is no longer in possession of the property and

the tenant has performed all obligations under the

lease.

Landlords wishing to ensure the protection of the

landlord’s lien should file the UCC-1 each new crop

year, unless the lease is a written, multi-year lease.

Even though such filing may not be required to

perfect the lien for an auto-renewed lease or a new

lease between the same parties, prudence likely

dictates yearly filing until Iowa law on this subject

becomes clearer.

Article 9 Security Interest

Although the Iowa Code gives special priority to a

landlord’s lien, a landlord is not precluded from also

seeking a standard consensual security interest in

the crops grown on his or her rented ground. This

may provide additional protection for the landlord,

particularly in the event of a tenant bankruptcy

where the farm products subject to the lien end up

in another jurisdiction.

It is important to note, however, that a consensual

security interest in farm products is not granted the

priority of a landlord’s lien. Therefore, it is

governed by the general rule of “rank according to

priority in time of filing or perfection.”

In other

words, first to perfect generally wins. To acquire a

consensual security interest in the farm products

grown or raised on the rented ground, the landlord

must have the tenant sign a security agreement,

which can be part of the lease. A UCC-1 is then filed

to perfect the security interest. To ensure that the

security interest is effective against “buyers in the

ordinary course,” a landlord acquiring a security

interest must comply with the Farm Products Rule,

which, in Iowa, requires direct notice to all

purchasers of farm products. Without this notice, an

elevator, for example, purchases the grain free and

clear of the security interest. The holder of a

perfected landlord’s lien is not required to comply

with the requirements of the Farm Products Rule.

Other Protections

In addition to seeking payment up front and

perfecting the landlord’s lien and the Article 9

security interest, landlords may also wish to include

a few additional protective terms in their leases:

• Require that the tenant won’t sell any crops

subject to a lien or security interest without the

landlord’s permission Require the tenant to

provide a list of potential buyers of the crops

• Require the tenant to include the landlord as a

payee on checks if the crops are sold

It is theft for a tenant, with an intent to

defraud, to sell grain subject to a landlord’s

lien for unpaid rent, without the written

consent of the landlord.

)

IOWA FARM LEASES: A LEGAL REVIEW

Source: USDA, NASS.

Tong, J., and W. Zhang. 2022 “Iowa Farmland Ownership

and Tenure Survey 1982–2022: A Forty Year Perspective.”

Working Paper 23-WP 651. CARD, Iowa State University.

www.extension.iastate.edu/agdm/wdleasing.html.

Slach v. Heick, 864 N.W.2d 553, (Iowa Ct. App. 2015).

Iowa Code § 622.32(3).

This does not include statutory auto-renewals or voluntary

extensions after the termination of the initial lease term.

Iowa Code § 622.32(3)

Casey v. Lupkes, 286 N.W.2d 204 (Iowa 1979).

Gansen v. Gansen, 874 N.W.2d 617 (Iowa 2016).

Iowa Code § 562.7.

Pollock v. Pollock, 72 N.W.2d 483 (Iowa 1955)("The

legislature evidently felt that unstable tenure leads to soil

exploitation and waste. The amendment aims at security of

tenure”).

Benshoter v. Hakes, 8 N.W.2d 481 (Iowa 1943).

Iowa Code § 562.1A.1.

Porter v. Harden, 2016 Iowa App. LEXIS 478 (Iowa Ct.

App. May 11, 2016)(single horse on residential acreage

sufficient to create a farm tenancy)

Porter v. Harden, 891 N.W.2d 420 (Iowa 2017).

Iowa Code § 562.6

Schmitz v. Sondag, 334 N.W.2d 362 (Iowa Ct. App. 1983).

Iowa Code § 562.5.

Iowa Code § 562.6.

Iowa Code § 562.1A(1) provides that “Animal feeding

operation” means the same as defined in Iowa Code § 459.102.

Paulson v. Rogis, 77 N.W.2d 33 (Iowa 1956).

Dopheide v. Schoeppner, N.W.2d 360 (Iowa 1968).

Riggs v. Meka, 17 N.W.2d 101 (Iowa 1945)

Ag Decision Maker provides a sample termination notice

form: www.extension.iastate.edu/agdm/wholefarm/pdf/c2-

19.pdf

Dethlefs v. Carrier, 64 N.W.2d 272 (Iowa 1954).

Riggs v. Meka, 17 N.W.2d 101 (Iowa 1945).

Buss v. Gruis, 320 N.W.2d 549 (Iowa 1982).

Iowa Code § 562.5.

McElwee v. De Vault, 120 N.W.2d 451 (Iowa 1963)

Read v. Estate of Mincks, 176 N.W.2d 192 (Iowa 1970)

Iowa Code § 562.8; Carson v. Rothfolk, 838 N.W.2d 868

(Iowa Ct. App. 2013)(Does not abrogate doctrine of

emblements…if tenant had crop share lease with life tenant,

life tenants estate entitled to share of value of crop if death

occurred after seed planted).

Dethlefs v. Carrier, 64 N.W.2d 272, 274 (Iowa 1954); Miller

v. Gemricher, 183 N.W. 503 (Iowa 1921).

Dethlefs, 64 N.W.2d at 274.

Iowa cases have ruled that one tenant in common can

terminate a lease or file an action for a forcible entry and

detainer without the participation of the other owner. See

McElwee v. De Vault, 120 N.W.2d 451 (Iowa 1963) and Van

Emmerik v. Vuille, 88 N.W.2d 47 (Iowa 1958), respectively.

While instructive, these cases did not involve cotenants in

disagreement with each other, nor did they involve a

termination notice to avoid an automatic renewal under Iowa

Code Section 562.6.

Iowa Code § 648.1.2.

Iowa Code § 648.3.

Vincent v. Kaser Construction Co., 125 N.W. 2d 608 (Iowa

1963).

Id.

Iowa Code § 648.1.

Beck v. Trovato, 150 N.W.2d 657, 659 (Iowa 1967)

Iowa Code § 648.1.2. The landlord must first issue a three-

day notice to quit. Iowa Code § 648.3.

Mart v. Mart, 824 N.W.2d 535 (Iowa Ct. App. 2012).

McElwee v. DeVault, 120 N.W.2d 451 (Iowa 1963).

Id.

Iowa Code § 570.1(2); Iowa Code §554.9310.

Iowa Code § 570.1(2(b) states that the lien may be

perfected “when the debtor takes possession of the leased

premises,” suggesting that the lien may be perfected before the

debtor takes possession. However, Iowa Code §

554.9509(1)(a) states that a UCC-1 can be filed only for

agricultural liens that “have become effective” unless the

tenant authorizes the filing in an authenticated record.

Consequently, the landlord should file the UCC-1 between

March 1 and March 20.

Iowa Code ch. 571.

Iowa Code ch. 579B.

The statute also provides that a Mechanic’s Lien, a

Customer Cattle Feedlot Lien, and a Veterinarian’s Lien have

priority over the landlord’s lien; these liens would have

priority over a landlord’s lien in livestock where the landlord,

for example, leases a pasture.

https://sos.iowa.gov/business/pdf/UCC1.pdf

Iowa Code § 570.2.

Iowa Code § 570.1(4).

A bankruptcy trustee may be able to avoid a landlord’s lien

under lien avoidance powers applying to statutory liens for

the payment of rent. 11 U.S.C. § 545(3).

Iowa Code § 554.9302 provides that the local law of the

jurisdiction in which farm products are located governs

perfection. Consequently, if an Iowa tenant stores his grain in

Minnesota, the Iowa landlord would be required to also perfect

his landlord’s lien in Minnesota to retain priority.

Iowa Code § 554.9322(1)(a).

7 U.S.C. § 1631(e).

Iowa Code § 570.9.