Cell Site Lease - Breaches by the Tenant
In addition to handling lease negotiations, Cell Tower Attorney provides legal advice to leaseholders in the event of a breach by or a dispute with a cell site carrier tenant under an existing lease. These matters may involve issues such as access rights to the premises, interference, timely rental payments, utilities, and unauthorized expansion or use of the property. We frequently receive inquiries from frustrated leaseholders who either do not receive adequate responses from the carrier or do not understand what their rights and obligations are under their lease. In some cases, we can facilitate the resolution of a dispute before a lawsuit is commenced by either party and thereby save the leaseholder unnecessary and costly litigation expenses. Our staff can answer any questions you may have, review your lease, or deal directly with the carrier to resolve any dispute or concern.
Please note that most cell tower leases require that the lessor (landowner) notify the carrier in writing of the breach before the lessor can terminate or otherwise renegotiate the lease. If you believe your lease has been breached, contact the carrier in writing and notify them of the breach. We can certainly do this for you- but it will be at our normal hourly rate.
In other words, just because the carrier failed to meet their requirements under the lease, that does not give you as the owner the right to renegotiate a undervalued lease agreement. Typically, it is only after the notification occurs and the carrier fails to "cure" the mistake that you have the right to terminate or can possibly negotiate for an increase in rent.
Please contact us for more information.