Crop paid as rent
Sec. 19. (a) In a case where a tenant agrees under contract to pay
as rent:
(1) a part of the crop raised on the leased premises;
(2) rent in kind; or
(3) a cash rent;
the landlord may have a lien on the crop raised under the contract for
payment of the rent. If the tenant refuses or neglects to pay or deliver
to the landlord the rent when it is due, the landlord may enforce the
lien by selling the crop.
(b) A landlord who desires to acquire a lien on a crop raised under
a contract on leased premises must file a financing statement under
IC 26-1-9.1-501 at least thirty (30) days before the crop matures and
during the year in which the crop is grown. The financing statement
must:
(1) give notice of the landlord's intention to hold a lien upon the
crop for the amount of rent due;
(2) specifically set forth the amount claimed; and
(3) describe the lands on which the crop is being grown with
sufficient precision to identify the lands.
(c) A lien created under this section relates to the time of filing
and has priority over all liens created thereafter. However, a tenant
may, after giving written notice to the landlord or the landlord's
agent, remove the tenant's portion of the crop from the leased
premises and dispose of the tenant's portion of the crop when the rent
is to be paid in part of the crop raised. If the tenant does not give
written notice to the landlord, the tenant may remove not more than
one-half (1/2) of the crop growing or matured.
As added by P.L.2-2002, SEC.16.
Last modified: May 24, 2006