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Agricultural Law

by: Norbert Terry

Agricultural Law ARE 306

Norbert Terry
GPA 3.85


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This 6 page Study Guide was uploaded by Norbert Terry on Thursday October 15, 2015. The Study Guide belongs to ARE 306 at North Carolina State University taught by Staff in Fall. Since its upload, it has received 26 views. For similar materials see /class/223766/are-306-north-carolina-state-university in Agricultural & Resource Econ at North Carolina State University.

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Date Created: 10/15/15
Unit 15 III ARE 306 Tenancy De nitions A Lessee B Lessor C Rent Essential elements of landlordtenant relationship A Contract between landlord and tenant B Provisions for the payment of rent C Transfer of estate to tenant contrast with license D Possession and control in tenant E Reversionary interest in landlord F Real estate or an interest in real estate is subject matter Employment relationship distinguished A Tax consequences 1 Withholding tax 2 Earned V unearned income 3 Deductibility of tenant s expenses B Liability issues Partnership distinguished A Liability issues B Tax issues C NCGS 421 states that the mere existence of a lease cannot be used to prove a partnership VI VII Statute of Frauds In North Carolina a lease must be in writing if it is not capable of completion within 3 years from the date of making Recording A With registrar of deeds in county where the property is located B Protects tenant from sale or foreclosure during the term of the lease unless express terms of the lease provide otherwise Classi cation of tenancies A Tenancy from year to year 1 Automatically renewed absent adequate notice 2 NCGS 4223 agricultural tenancies in listed counties are from December 1 to December 1 B Tenancy for years or for a term Tenancy terminates at end of term unless renewed by mutual agreement except where NCGS 4223 results in renewal C Tenancy at will May be terminated at any time by either party D Tenancy at sufferance Holdover tenant E Share lease agreement Issue material participation by the landlord VIIINotice to Quit A At common law 6 months for year to year tenancy B NCGS 4214 1 year to year 1 month XI 2 month to month 7 days 3 week to week 2 days 4 rental of space for a manufactured home 30 days without regard to length of tenancy 5 As speci ed in the lease Duties of tenant A Pay rent B Do not commit waste 1 Voluntary waste 2 Permissive waste 3 Ameliorating waste C Reasonable use D Farming in husbandlike manner tenant may determine the cropping system absent a lease provision E Avoid exhaustion of soil through negligent or improper tillage F Make repairs Risk of loss A quottenant shall maintain the property in good repair absent normal wear and tearquot makes tenant an insurer B NCGS 39429 agreement to repair unenforceable if more than 50 of the value of a residence is destroyed by an accidental re not occurring from the tenant39s quotwant of diligencequot C NCGS 394210 tenant not responsible for accidental damage absent an agreement to repair D NCGS 3942l2 lessee may surrender premises where purpose is destroyed unless lease states to the contrary XII XIII XIV XV XVI Crop ownership A Generally in tenant B NCGS 4215 Landlord39s lien on crops 1 For rent advances etc 2 Superior to all other liens 3 Centralized ling Food Security Act of 1985 C Emblements NCGS 39427 lease for years terminated by uncertain event determining the estate of the lessor or foreclosure in lieu of emblements the tenant holds out year with rent apportioned Reasonable compensation for any tillage and seed for any crop not gathered by the end of the current year Right to sue A Tenant for damage to crops B Landlord for damage to land and xtures C Lease may allocate right to sue differently Liability for injuries on leased property A Landlord has no liability except for concealed defects of which the landlord knew or should have known B Tenant39s liability similar to that of an owner in possession Assignments and Sublets Eviction A No right to selfhelp B Forfeiture of the remainder of the lease term for failure to pay rent due within 10 days of demand XVIIRight of tenant to remove xtures XVIII Farm program payments XIX Residential leases A Retaliatory eviction barred B Application 1 2 3 Hotels motels not covered Dwellings furnished without charge exempt Mobile homes covered C Duties of landlord Provide t premises Comply with all building and housing codes Make repairs necessary to property in habitable condition Keep common areas in good condition Maintain all equipment electrical plumbing sanitary etc Provide smoke detectors D Duties of tenant Keep tenant s part of premises clean and safe Dispose of waste properly Avoid deliberate destruction of the property Comply with building and housing codes Be responsible for damage occurring in areas of exclusive control Notify landlord of malfunctioning or inoperative smoke detectors Replace smoke detector batteries E No right to withhold rent F Early termination by military personnel Late fee cap 15 or 5 whichever is greater if rent more than 5 days late May only be imposed once per period Tenant Security Deposit Act 1 2 Must deposit into trust account Amount a 2 weeks if week to week b one and onehalf months if month to month c 2 months for term greater than month to month Return or account within 30 days of lease termination Reasonable pet deposits allowed Uses of deposit a Nonpayment of rent b Damage to premises c Nonful llment of the rental period d Unpaid bills that become a lien against the property eg utilities e Costs of rerenting after breach f Costs of removal and storage of tenant s property after summary ejectment proceeding Remedies a Damages b Attorney fees for wilful noncompliance


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