What happens to a crop that is in the ground when a lease expires?
A crop that is planted but not yet harvested when a lease terminates is referred to as an “away going crop.” Generally, Ohio law provides that a tenant does not have the right to an away going crop, since it would not be fair to allow a tenant to benefit from the proceeds of a crop that the tenant knew could not be harvested before the expiration of the lease period. However, Ohio law recognizes a few exceptions to this general rule. First, if it is customary practice in the area where the crop is located for the tenant to harvest a crop after the lease terminates, then the law will consider that custom as part of the lease agreement, and the tenant will have the right to the crop. A tenant’s right to plant and harvest a winter wheat crop is often a local custom. Second, if the landlord stands by and allows the tenant to plant the crop without objection, the landlord cannot later claim the right to the crop. Where the landlord knows of the planting and does not object, the tenant will
