58-2531. Leasing of farm lands; provisions in certain contracts enumerated. - Kansas Statutes

58-2531

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 25.--LANDLORDS AND TENANTS

      58-2531.   Leasing of farm lands; provisions incertain contracts enumerated.

      Whereas, Much farming land in this state is owned by persons orcorporations for money rent as the sole business of the owners, the rentalsof said lands being evidenced and secured by written lease contractsobligating the tenants to pay as rent therefor large sums of money fullyequal to the fair and reasonable rental value of the land without any otheror further rental obligation on the tenants' part; and

      Whereas, Said lease contracts contain requirements obligating thetenants in addition to the payment of said agreed rental to pay to thelandlord all taxes or assessments of every kind or nature levied orassessed upon said leased land, and if not paid promptly when due theamount thereof to be added to the agreed rent proper, such unpaid taxes andassessments thenceforth to bear large interest rates until paid, the wholeof said rent, taxes, assessments, and interest to be carried forward andadded to the like amounts payable during the succeeding years of thetenancy, and extensions thereof; and

      Whereas, Said lease contracts contain the further requirements thatall rent inclusive of said taxes, assessments, and interest shallconstitute a lien on all crops growing or made on the leased land duringthe tenancy or extension thereof, and likewise on all teams, farmingimplements, and machinery owned by the tenant and used by the tenant onthe land during the lease period, that said lease may be filed as a chattelmortgage, and further that before July first, on the landlord's demand, thetenant shall execute a chattel mortgage proper, as additional security forthe payment of the rent for the current year; and

      Whereas, At the original leasing of said lands they were withoutbuildings, fences, or other improvements necessary to farm tillage, thetenant and all succeeding tenants obligating themselves in said leasecontracts to erect or make all buildings, fences, and other likeimprovements necessary to the efficient cultivation of the land, thelandlord thereof making no improvements nor obligating himself or herselfto do so, but reserving to himself or herself a lien on all improvementsmade by the tenant and only allowing the removal of any such on thetermination of the tenancy and full payment of all rent, taxes,assessments, and interest as aforesaid, and the performance of all otherobligations of the lease; and

      Whereas, Many other burdensome and laborious requirements on thetenants' part are contained in said lease contracts, such as pulling up,cleaning out and destroying all burrs, thistles and other weeds on the landand the public roads bounding the same; mowing or plowing all lands sown tosmall grain the preceding season, cultivating, protecting and maintaininghedge rows, fences, fruit and other trees growing on the land, by the firstof August; and by the first of October cleaning, plowing, scraping anddigging out all ditches and drains; and by the first of January trimmingall hedges and burning the brush thereof; and in default of theperformances named by the time stated pay to the landlord seventy-fivecents per rod for the ditches and drains, twenty-five cents per rod for thehedges, two dollars per acre for land left in burrs or weeds, and onedollar per acre for stubble land not mowed or plowed; such sums ofstipulated damage to be added to the rent of the land as though a partthereof; and

      Whereas, Many restrictions and requirements on the tenants' rightto cultivate the kinds of crops to be grown on the lands are dictated tothe tenant in said lease contracts which embarrass him or her in earningthe stipulated money rental, for failure to comply with which a furthermoney payment per acre is charged as rent. It is expressly provided in saidlease contracts that the tenant shall not allow grain stalks grown on theland to be eaten by the tenants' animals, the landlord reserving such grainstalks to himself or herself; and as a further burden on the tenant and asa further security to the landlord the tenants are made to waive thebenefit of the exemption, valuation and appraisement laws of the state.

      History:   L. 1933, ch. 233, § 1; June 5.