The Landlords and Tenants Act provides that this is a duration of each rental agreement, unless otherwise agreed, that if the rent has remained unpaid for two calendar months, the lessor has the right to enter and take possession of the country. There is no obligation to terminate. Between 2011 and 2016, landowners and tenants switched to cash leases. Compared to all arable land leases, they have grown faster than other types of contracts. The share of land used by cash rents increased by 10% between 2011 and 2016 (to 34 million acres). Not surprisingly, the total cash rent for Canadian producers increased by almost 40% during this period. Cash rents in 2016 accounted for more than 4% of total agricultural spending, an amount that increased by 0.7 percentage points during the censorship period compared to total spending. A: You have to look at the lease first. What rights does the lease give to the landlord if the rent remains unpaid? If the lease is silent, take a look at different provincial laws and case law to determine the rights of the parties. Since you called from Saskatchewan, I will focus on Saskatchewan law.
All three prairie provinces have laws that protect the owner`s share of the crop in a harvest lease agreement. The interest of the lessor takes precedence over the interests of the tenant or other debtors of the tenant. Escalating cash rents increase production costs, which impacts the end result and requires new ways to reduce risk on this hectare. The area of farmland in Canada increased from 160.2 million Acres to 158.7 million Acres between 2011 and 2016. When the total number of Acres decreased in Canada, the number of Leased Acres increased. In 2011, 36.8 million hectares, or 23% of the total agricultural area for the year, had been leased or leased. Just over 40.1 million acres (a quarter of the total farm area) were farmed in 2016 on leased or leased land. This is a 2% increase in leased land compared to all farmland in Canada between 2011 and 2016 and a 9% increase in leased arable land for the period. This is especially true for young farmers trying to enter a market with few options to buy land. Sullivan points out that in the United States, half of the entire country is leased and many farms are 100% leased in Europe. He sees Canada moving in the same direction, which means that young farmers need a new way of accessing credit, perhaps with insurance as collateral. Crop-Share-arrangements is another beast with a variety of structures such as harvest percentage or margin percentage.
“Many of these structures are considered more flexible,” says Sullivan, a former accountant at MNP, but most are more expensive for farmers than cash rents. “For the past eight or nine years, the harvest share has been higher than cash, so if you have a bad (production) year, you`ve paid for it upfront. It is a business decision, but the figures indicate that in the long run, the farmer will pay more and give up a lot of profitability. Q: What are the rights of the landlord if the tenant does not pay the rent? Is the rental agreement important whether it is a harvest contract or a cash rental? Similar provisions exist in most provinces. Manitoba legislation allows the landlord to return if rent is not paid for 15 days. This applies to all leases, but it is not always easy to determine when rent is due in the case of harvest share leases. A tenant has the right to seek judicial protection and ask a judge to continue the lease either because of special circumstances or because the rent is not late. . . .