What is Proper Notice under a Cell Tower Lease?
As exclusive landlord advocates, we frequently get inquiries on our website from landowners with existing cell tower leases on their property. They contact us for various reasons, some of which involve questions and/or disputes with their cell tower tenant or in some cases, an alleged breach of the cell tower lease. One of the first questions we always ask the landowner is whether or not he or she has sent notice to the carrier as required under the cell tower lease.
Unfortunately, most cell tower leaseholders are not aware that almost all cell tower leases require that notice to a cell tower tenant for any reason (monetary or non-monetary default) MUST be in the form of a certified letter with a return receipt to the exact address specified in the lease. Unless the letter is sent to the carrier in this manner, the letter is not valid and therefore, the cell tower tenant cannot be found in default of the lease. Despite the fact that you may have engaged the cell tower tenant in phone conversations, e-mails and sent letters via regular mail, this is not sufficient notice under the lease for purposes of alleging a breach. Accordingly, if you wish to put the cell tower tenant on notice for any reason, it must be done via certified mail return receipt.
At Cell Tower Attorney, we are always available to assist you in drafting an appropriate letter that complies with the lease and protects your legal interests.
Please feel free to contact us if you are interested in our letter writing services.