ALERT: Cell Site Tenants Breach Leases and Create Trespass
The need for cell site audits by landlords has never been greater. As cell site tenants continue to upgrade and reconfigure their networks, cell sites are being modified. In many cases, the modifications are taking place without the landlords knowledge in direct violation of the lease. This problem is widespread and with little or no concerns from the tenants. Their approach seems to be along the lines of "beg forgiveness rather than ask permission."
Many cell site leases require notice and approval before making any site modifications. Failure to comply is breach. Many such modifications add equipment to the existing site and occupy space outside the lease premises. This is trespass and also a breach of the lease.
It is incumbent on landlords to be diligent in controlling access to their sites and inspecting them regularly. If changes have already been made, landlords should investigate the changes to determine whether trespass exists. Tenants must be notified per the lease agreement and appropriate remedial action taken.
Without diligence and action, tenants will be free to do as they please at the expense of the landlord.