Oct 21, 2020 - 04:00 PM
First, just have to be clear- even though I am an attorney, I don't answer legal questions. So rather than address the probability of your claim for breach or whether it is approrpiate, I will address some of the issues you are dealing with.
Landscaping maintence especially for the bushes trees that hide the compound is regularly a problem. If the land use code doesn't require maintenance, then the carriers/tower owners don't always do it.
Some of our clients have sent lettters of breach and had successful results. Others end up in a battle of he said she said and nothing gets done. Rarely do I see these go to trial and even rarer are situations where the tower lessee can be evicted. (Never seen it myself)
The lease buyout company has no interest in whether or not the site is maintained. In fact, they will likely indirectly discourage you from proceeding with litigation as that could impact their income. The lease buyout agreement will address what their and your obligations are towards the tenant.
I would recommend that you do the following: 1. talk to code enforcement - if they see it as objectionable, they will address the issue faster than notices will I would make sure though that the buyout agreement doesn't prevent you from doing this though. 2. send formal notices of breach with photos to the lease buyout company and directly request their permission to send a formal notice to the lessee 3. if they don't respond- send directly to the carrier
Has to be formal though and better yet through an attorney on their letterhead.