Opinion
No. 2-909 / 02-0659
Filed January 29, 2003
Appeal from the Iowa District Court for Carroll County, Gary L. McMinimee, Judge.
The claimant appeals a district court ruling denying her claim for a share of cash rent pursuant to a farm lease. AFFIRMED.
James Van Dyke of Van Dyke Werden, P.L.C., Carroll, for appellant.
Arthur Neu and A. Eric Neu of Neu, Minnich, Comito Neu, P.C., Carroll, for appellee.
Heard by Sackett, C.J., and Zimmer and Vaitheswaran, JJ.
Mary Willenborg rented her farm to her son, John, and his wife, Colette. Under the farm lease, John and Colette were to plant and maintain the land and were to pay Mary fifty percent of all the harvested crops.
John died in 1993. At Mary's suggestion, Colette moved into town. Soon after, Mary and Colette discussed renting the farm to friend Richard Wegner. They advised Wegner that each of them should receive fifty percent of the rent. No agreement was reached and Mary ultimately rented the farm to another man, Duane Buetel.
Three years later, Colette demanded cash rent for 1996 and 1997. In response, Mary asserted Colette had abandoned the lease.
Colette took no further action until after Mary's death in 2002. At that point, she filed a probate claim for what she believed was her share of the rent. The district court denied the claim and this appeal followed. As the case was treated as a contested claim and tried as an ordinary action at law, our review is on error. See In re Estate of Boyd, 634 N.W.2d 630, 635-36 (Iowa 2001). We will uphold the court's fact findings if supported by substantial evidence. Id.
Where a lessee abandons the premises, a lessor may take possession at once. Packer v. Cockayne, 3 Greene 111, 112 (Iowa 1851). Abandonment, when accepted by the landlord, will constitute a surrender of the lease by operation of law if there is an intent to abandon and conduct reflecting that intention, "or such relinquishment by the tenant as will justify an immediate resumption of possession by the landlord." Read v. Estate of Mincks, 176 N.W.2d 192, 194 (Iowa 1970); see also Vawter v. McKissick, 159 N.W.2d 538, 540 (Iowa 1968).
The district court determined Colette abandoned the lease. The court reasoned:
Colette moved from the farm; that was consistent with an intent to abandon the farm. Colette did nothing to fulfill Tenant's obligations under the share crop lease; that was consistent with an intent to abandon the farm and inconsistent with an intent to farm the real estate under the 1988 lease. Colette participated with Mary in discussions involving the renting of the farm on a cash rent basis to Wegner; that was consistent with an intent to abandon her leasehold interest in the farm under the 1988 lease and inconsistent with an intent to farm the real estate under the 1988 lease.
In sum, all of Colette's conduct prior to the lease to Buetel was consistent with abandonment and much was inconsistent with an intent to farm the property under the 1988 lease.
The court also found Colette "voiced no objection when told the farm had been rented to Buetel inconsistent with her present claim that she did not intend to abandon her leasehold interest in the farm."
The court's findings are supported by substantial evidence. Colette conceded she had no further conversation with Mary concerning possible rent-sharing, following the meeting with Wegner. Although her motive for not raising the issue with Mary was purely altruistic, the fact remains that she failed to take actions consistent with her avowed intent to affirm the lease. See Hill v. Groves, 209 Iowa 45, 48, 227 N.W.2d 582, 583 (1929) (holding tenant's voluntary surrender of possession also was surrender of claim for value of plowing); Hopwood v. McCausland, 120 Iowa 218, 223, 94 N.W. 469, 471 (1903) (holding a defendant was justified in believing the plaintiff abandoned the contract in light of statements made by the plaintiff's agent).
Colette testified she did not wish to broach the subject of money out of compassion for Mary, whom she characterized as "a gracious lady."
We affirm the district court's denial of Colette's claim.