The Value Of Cell Tower Subleases

cell_tower[1] (2)A cell phone carrier sublease is when that tenant leases out either the entire or part of the current leased area to another cell phone carrier tenant. The majority of cell tower leases allow the carrier or cell tower company to sublease not only the tower, but also your property to third parties.

Even though the cell phone carrier tenant is letting a third party occupy and use your property, a vast majority of the time, a landowner is not entitled to a share in revenue received by that tenant for such sublet. Even when a landowner has the right to consent to a sublet of their property, a carrier or cell tower company will forward a letter of consent to you, without giving you the option to renegotiate the terms of the lease based on the third party’s use of your property, or, in some cases, will actually make this consent a part of another less conspicuous document that at first glance does not seem to be a consent document, but it really is and they will use it for that purpose if need be.

Many cell tower leases simply require that the cell tower company “notify” the landowner that they are going to sublet the site. However, more often than not, existing leases out there allow a cell phone carrier or cell tower company to sublease the premises area without obtaining the prior written consent of the landowner.

Be aware that if you sign a letter of consent allowing a tenant to sublet the premises, that you may be giving up future rights to additional revenue. Your tenant is making money off your property, shouldn’t you as well? Make sure you have an expert with the experience to handle any and all issues that may surround your lease, therefore saving you not only time, but money as well.

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