T-Mobile Cell Site Lease
Cell Tower Attorney is not affiliated with T-Mobile. If you are looking for T-Mobile's website, please visit www.tmobile.com. T-Mobile is a registered trademark of T-Mobile, USA Inc.
Cell Tower Attorney provides professional legal services to both private and public landowners who are being approached by T-Mobile to enter into a cell tower lease agreement. We offer sound legal advice on all aspects of the T-Mobile cell tower lease including:
- Lease negotiation
- Re-negotiation
- Landlord/tenant disputes
- Litigation support
- Environmental due diligence
- General lease administration
We'll help you negotiate the best possible lease terms to protect yourself and your property, while creating additional recurring revenue. If a representative of AT&T has contacted you about leasing your property, you may have received a lease proposal.
In our experience with T-Mobile cell site leases, the following provisions are typically included:
- Option to Lease - T-Mobile's cell site lease is initially an option for a specified period of time during which T-Mobile reserves the right to lease a portion of the property. During the option period, T-Mobile may file for any government approvals required and perform other due diligence including surveys, soil testing, and other engineering or environmental testing to determine land use suitability. In exchange for this option, T-Mobile pays an option fee and the option period may be extended for an additional 12 months.
- Term and Renewal - The term of T-Mobile's cell site lease is five years beginning on the date T-Mobile exercises the option. The lease automatically extends for five additional five-year terms unless T-Mobile properly notifies you, the landowner, of its intent not to renew.
- Permitted Use - The T-Mobile cell site lease specifies that the site may be used only for transmitting and receiving radio signals and for installing a tower and base, antennas, microwave dishes and shelter.
- Interference - T-Mobile agrees not to interfere with the landowner's or other tenant's pre-existing use of the property. Conversely, you the landowner agrees not to interfere with T-Mobile's use of the premises. In the event of interference, the interfering party agrees to remedy the situation promptly.
- Improvements, Utilities and Access - T-Mobile reserves the right to alter, replace, upgrade, or remove its equipment at any time during the lease, but is obligated to return the premises to its original condition. It's important to remember that T-Mobile may install utilities on the property, including a generator. By entering into the T-Mobile cell site lease, you are agreeing to grant an easement to T-Mobile for the use and maintenance of its equipment, anytime 24/7.
- Termination - T-Mobile cell site leases may be terminated in one of three ways:
- By the landowner if T-Mobile fails to pay rent within 30 days.
- By T-Mobile if it is unable to maintain any government approvals; because of unsatisfactory title or soil results; or because the premises become unacceptable based on T-Mobile's design specifications.
- By T-Mobile for economic reasons.
- Taxes and Insurance - T-Mobile must pay any real or personal property taxes on its equipment and is required by law to maintain liability insurance. You, the landowner, and T-Mobile mutually agree to indemnify and hold the other harmless from all claims and damages arising out of any negligent acts on the property by the other party.
- Assignment - The T-Mobile cell site lease may be freely assigned and the site may be subleased by T-Mobile without your consent.
We'll Help Protect Your Rights
These are just a sample of the legal provisions in the T-Mobile cell site lease that you need to be careful of and fully consider when evaluating an offer from T-Mobile. Cell Tower Attorney is here to help explain your legal obligations and responsibilities in a clear and concise manner.
If you are approached to enter into a T-Mobile cell site lease agreement, don't do it alone. Call or e-mail us for a (free) consultation. If you retain us, we will make certain your rights are protected -- now and in the future.
If you are looking for information regarding the appropriate monthly rental amount, our related company, Steel in the Air, can assist you with evaluating T-Mobile offers and the fair market value for a T-Mobile cell site lease.
