In certain situations, Cell Site Landlords can ask for more rent in exchange for consenting to upgrades on the cell site. It’s very common for landlords in cell agreements to be asked to consent to upgrades or changes on the tower or cell installation. Sometimes the consent is in the form of a notification to the landlord, wherein the tower company suggests or states that consent from the landlord is not actually needed. Landlords, be aware this is often not the case and your actual consent may be required under the terms of the lease. Even if the lease is silent on the issue, your consent may be required. In addition, in certain circumstances, courts have upheld that property owners can ask for more rent in exchange for giving consent to upgrade or alter the tenant’s site. While each property owner’s lease and circumstances must be analyzed by an attorney to determine the viability of this approach, it can be very useful in some situations.
