Sublease Agreements on Wireless Tower Lease

Wireless tower lease agreements often include the clause of sublease. This allows the tenant to lease out the hired property to a third party. Thus the tenant gets to make more money by further leasing the property out to other vendors or carriers. Such agreements can leave the land lord out in the cold. It deprives the property owner of a legitimate share.

No landowner would want to do away with his share of income. But they are deprived of their share because of ignorance. Tower companies never reveal whether the property owner is due for compensation for a sublease. What most carriers do is to make the landowner sign a letter of consent without letting him know that he is under no obligation to put his signature.

If you are leasing your property out to a cell tower company or re-negotiating a deal it is important to address the question of sublease. It is ideal for the agreement to include the clause that the cellular tower company would “notify” the landowner before a sublease.

If a carrier is bound to obtain a property owner’s consent prior to subleasing the landowner is entitled to get compensation. The landlord is justified to claim this compensation, just as he would get added money for the expansion of the lease area. The extra money he is entitled to get may vary widely. It depends on the location of the tower site and the density of population in the area.

As a word of caution it should be said that one must not feel obligated to renew lease agreement just to earn sublease revenue. It is always advisable to consult a wireless tower lease agency as well as an attorney.

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