Specialist attorney for rural leases

Are you a farmland owner and want to lease it safely? Are you a farmer and need a contract suited to your agricultural activity? Contacting our firm of lawyers specializing in rural leases is the solution to secure your procedures and protect your interests.

Our team has in-depth expertise in rural law. Thus, we assist you in drafting, negotiating, and executing rural leases, as well as in resolving disputes related to these contracts. Our role is essential to advise, represent, and defend you, whether you are a lessor or lessee.

Specialist lawyer in agricultural leases for drafting agricultural leases and derogation agreements

The drafting of a rural lease is a fundamental step in any agricultural land rental relationship. Governing the rights and obligations of the lessor (landowner) and the lessee (farmer), this contract must comply with rules set by the tenant farming statute. Our lawyers specializing in rural leases assist you in drafting clear contracts that comply with current legislation.

We ensure that all important clauses are taken into account, including:

• the duration of the lease;
• the amount of the farm rent;
• the conditions for renewal;
• the respective obligations of the lessor and the lessee, etc.

The minimum duration of a rural lease is 9 years, but it can be concluded for a longer period. We advise you on the most suitable duration for your situation. The farm rent is the rent paid by the tenant to the landlord. Its amount must be determined based on various criteria: the nature of the land, its area, its quality, etc. We help you determine a fair and equitable farm rent amount.

The rural lease is renewable by tacit reconduction, unless the lessor or the lessee gives notice in the forms and within the time limits provided by law. It sets out the obligations of each party, whether it concerns land maintenance, carrying out work, building insurance, etc. Our team of rural law experts informs you about the conditions for renewing your lease and assists you with the necessary steps.

Beyond standard rural leases, there are derogatory agreements that allow certain provisions of the farming statute to be set aside.

Among these are:

• assignable leases outside the family framework;
• loan agreements;
• les contrats de mise en pension
• the sale of grass.

Our firm of lawyers specialized in rural leases advises you on the advisability of using these derogatory agreements and assists you in their drafting.

Advice on contractual relations: our specialist lawyers for rural leases at your service

Although relationships between landlords and tenants are often based on a fruitful partnership, they can sometimes be a source of conflict. The payment of rent, carrying out work on the leased property, the assignment of the lease, or its renewal can give rise to disagreements.

Our lawyers specialized in rural law are available to advise and assist you in managing your contractual relationships. Where possible, we prioritize finding amicable solutions to resolve disputes between tenants and landlords. We help you negotiate with the other party, find a compromise acceptable to all, and thus preserve a relationship of trust.

If the amicable route does not resolve the dispute, our specialist lawyers in rural leases remain by your side to represent you before the courts. We assist you in all stages of the procedure, from preparing the file to the pleading, and we do everything possible to defend your interests with determination.

Whether for setting the farm rent, carrying out work, making the property available to an operating company, or contributing the lease right, we guide you at every step. In case of non-payment of the farm rent, we advise you on the steps to take to recover the amounts due:

• a formal notice;
• an amicable recovery procedure;
• or legal action.

Our team informs you about the respective obligations of the landlord and tenant regarding works, and helps you reach an agreement on their execution. We advise you on the conditions to meet to transfer the lease and any pre-emption rights. We also explain in detail the conditions for lease renewal, the deadlines to respect, and the steps to take to give or contest a notice.

Termination of agricultural leases: support from our law firm specializing in agricultural leases

The termination of a rural lease is a procedure governed by law, whether initiated by the lessor or the lessee. Whether you wish to draft and serve notices, contest a notice given by the other party, or take legal action for termination, contact Macfarlanes LLP. Our firm advises you on the legal grounds for terminating the contract, such as non-payment of rent, poor land management, or the retirement of the farmer.

The law provides for different cases of termination of the rural lease, in particular:

• non-payment of farm rent;
• termination for fault of the tenant;
• termination for serious cause by the lessor;
• termination for failure to maintain the leased plots.

The rural lease is concluded for a minimum term of 9 years. At the end of this term, it is tacitly renewed, unless one of the parties gives notice in the forms and time limits provided for by law.

The lessor may also terminate in case of non-payment of rent, significant damage to the leased property, or non-compliance with the lease clauses. Similarly, the lessee may terminate the lease in case of disturbance of enjoyment of the leased property or non-compliance with the co-contractor's obligations. The lessor and lessee may also mutually agree to terminate the lease before its term.

The notice procedure is subject to strict rules, both regarding the deadlines to be respected and the forms to be used. The notice must be served by registered letter with acknowledgment of receipt, at least 18 months before the lease expires. It must state the reasons for termination and the remedies available to the party receiving the notice.

Our team of lawyers specializing in agricultural law assists you in drafting and serving notices, ensuring all mandatory information is included. We also advise you on the grounds for termination to invoke, depending on your situation. If you receive a notice you consider abusive or irregular, you can contest it before the rural leases tribunal.

You must act within a period of 4 months from receipt of the notice. Our lawyers specialized in rural leases represent you before the court and do everything possible to assert your rights.

The termination of a rural lease has practical consequences for the lessor and the lessee, including:

• preparation of farm exit accounts;
• the payment of compensation for damages or improvements;
• or actions for recovery of undue payments.

In the event of termination for personal reasons, for resumption of operations, or for other reasons, we assist you with expert assessments concerning the evaluation of land and crop improvements.

Specialist lawyer for rural leases for the transfer or provision of your rural lease to an agricultural operating company

The assignment of a rural lease is a legal transaction subject to specific rules that protect the interests of the tenant and the landlord. Our law firm assists you in the assignment to a descendant or spouse, ensuring compliance with legal conditions and anticipating challenges from the landlord. We also support operators wishing to contribute their lease rights to a company or make them available to an operating structure.

The tenant has the right to transfer his agricultural lease under certain conditions, and he must first obtain the landlord's approval. He may also make his lease available to the agricultural operating company of which he is a partner.

In some cases, the lessor or a third party (for example, another farmer) may have a right of pre-emption over the rural lease. This privilege allows them to substitute for the assignee to acquire the lease. Our specialist lawyers in rural leases inform you about any pre-emption rights and assist you in the steps to enforce or contest them.

The assignor is released from their obligations from the date of the assignment, unless they have agreed to remain jointly liable for the payment of the farm lease with the assignee. As for the assignee, they become the new holder of the lease and are required to comply with the obligations attached to it. Our team supports you in all stages of the farm lease assignment, from negotiating the terms of the assignment to drafting the necessary deeds.