Answer
May 18, 2020 - 10:56 PM
First, sorry for the delay in answering. The software for updating the Q&A section was updated and I missed the notification of this question.
Regarding liability, generally, the cell tower owner would be liable if the tower collapsed or for failure to have working lights. They should have contacted the FAA and submitted a notice to airmen that the light is not working. Then they have a limited time frame to fix the light which I believe could be extended for short periods of time.
Regarding liability to your tenant, your liability would be defined in your lease agreement. Unfortunately, there isn't a single uniform answer to this question- each state may be different and each lease is different.
Whatever the case, I would make sure to formally notify the tower company (in writing and by certified mail) of the date you first informed them and remind them that the light is still off. I would also ask specifically whether the danger on the tower exposes your tenant to the possible collapse of the tower. At least then they are on notice.
Regarding liability, generally, the cell tower owner would be liable if the tower collapsed or for failure to have working lights. They should have contacted the FAA and submitted a notice to airmen that the light is not working. Then they have a limited time frame to fix the light which I believe could be extended for short periods of time.
Regarding liability to your tenant, your liability would be defined in your lease agreement. Unfortunately, there isn't a single uniform answer to this question- each state may be different and each lease is different.
Whatever the case, I would make sure to formally notify the tower company (in writing and by certified mail) of the date you first informed them and remind them that the light is still off. I would also ask specifically whether the danger on the tower exposes your tenant to the possible collapse of the tower. At least then they are on notice.
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