What is a Cell Tower Lease Negotiation?
A cell tower lease is a legal agreement between a tower company and a property owner. The property owner gives the tower company the right to install and use the equipment on their land. In return, they will receive compensation.
If parties wish to change any terms in their cell tower lease, they can enter into negotiations.
Read the rest of this article to learn about cell tower lease negotiations, how they work, and when to consult with a professional lawyer for assistance.
What are Key Terms in a Cell Tower Lease?
There are many essential terms included in a cell tower lease that can be negotiated. Some of the most common include the following:
- Term length. The duration of the lease needs to be specified. There could also be renewal terms that increase the property owner’s commitment. It’s common for the lease to last for 10 to 30 years.
- Rent. This section of the contract explains the monthly or annual rate.
- Use. The specifics of how the area for the equipment can be used and when the tenant has access to maintaining it prevent issues.
- Subleasing. This clarifies if the tenant can lease the area to other carriers.
- Maintenance. The tenant is usually responsible for keeping the tower and equipment in good order. This needs to be specified to avoid misunderstandings between parties.
- Termination. How either party can end the contract, such as if rent isn’t being paid, needs to be included to protect both parties.
- Removal. After contract termination, the tenant needs to remove all equipment from the site.
How Can You Negotiate a Cell Tower Lease?
It’s advisable to negotiate the terms in your cell tower lease agreement to ensure you get a favorable deal. Here are some tips to help you and things to consider during negotiations.
Get a Legal Review of the Contract
While you should review your cell tower lease to ensure you understand all the terms, it’s advisable to get it reviewed by a lawyer. They will give you peace of mind that the agreement is clear, legally sound, and reasonable for both parties.
To request a review from a professional, experienced lawyer, you can post your project for free on the ContractsCounsel marketplace. Simply include some details of what you require and lawyers on the platform will send you multiple bids for the project. You can review the lawyers’ profiles before accepting a bid by checking data such as their experience, credentials, location, and client ratings for previous jobs completed on the platform.
Consider Your Interests
You should think about the use of your land before you sign the cell tower lease. You want to know that you won’t be hampered regarding how you want to use the land for other purposes in future.
Do Your Research
Installing cell towers on your property can pose problems or challenges, so it’s important to do due diligence and research them as much as possible. Find out if any permits or approvals are needed prior to installation. Another point to research is the market rate for similar leases in your location.
Let Them Make the First Offer
It’s common in cell tower lease negotiations for the tower company or carrier to make the first offer. If this is low, don’t accept it. Use your market rate research to suggest a more reasonable offer.
Consider Making a Higher Offer
A general guideline for making offers during negotiations is to start with an amount that is more than what you actually think you’ll get. However, you don’t want to make it so high that it’s unreasonable. Based on research, calculate a range that you’d be comfortable with.
Start with the Biggest Concerns
It’s a good strategy to start negotiations for major terms that you’re concerned about. If you start with smaller issues that don’t matter that much, the other party might push back when it comes to your priorities.
If you don’t get what you want on the larger issues, that’s when you can suggest negotiating the smaller ones.
Ask Questions
If there’s anything vague in the lease, you want to ask questions during the negotiation to help you clarify everything. For example, if the equipment isn’t clearly defined, you could end up with much more equipment on your property than you thought you were agreeing to, without more compensation.
Don’t Rush into Accepting
Some cell tower companies might put pressure on property owners to make a decision right away, and they might even use tactics like saying the deal is only available for one day. It’s better to move away from the negotiation and take time to think about the points discussed if you’re not completely sure of how to proceed.
Put Revised Terms in Writing
To avoid being put at a disadvantage, you should put down all revised terms in writing, with dates and specifics of what was agreed on. This will prevent disputes in future.
If there are any equipment changes during the course of the lease, you want to ensure they always get put down and approved in writing.
Seek Legal Advice
Besides getting your cell tower lease legally reviewed, a lawyer can help you to ensure you don’t make any mistakes during negotiations that can cause problems.
Benefits of hiring a lawyer for help with a cell tower lease negotiation:
- A lawyer will check all zoning regulations in your location to ensure that using the property is aligned with all local laws.
- They’ll assess the fair market value to ensure the deal is competitive and fair.
- They’ll protect you and your property rights, such as negotiating for limits regarding how much of your property can be used by the company.
- They’ll prevent you from being stuck in a long-term deal that increases your risks.
- They’ll consider the pros and cons of having a cell tower on your property to come up with the best negotiation strategy.
Where Can You Hire a Lawyer for a Cell Tower Lease Negotiation?
If you need a lawyer, you can hire one from ContractsCounsel, one of the biggest online legal marketplaces where people can connect with vetted, experienced lawyers. They will make the negotiation process so much smoother. They’ll review your agreements, explain all legal terms, and ensure you can negotiate better terms for having a cell tower on your property. They’ll also protect your rights, helping you avoid making expensive mistakes that work against you.
