CHICAGO-It seems like a building owner’s dream come true, attorney Jay A. Gitles says, or “found money” on their rooftops. However, the partner in the corporate and real estate practice group of national law firm Seyfarth Shaw cautions clients to be as careful signing a lease with a telecom company seeking rooftop space as they would with a potential tenant under the roof.

While the proliferation of cell phones and pagers has resulted in a land rush of sorts on rooftops from the Central Business District to the suburbs, it has not been without pitfalls. Just as some dotcoms imploded, telecom companies also have merged or gone out of business. When that happens, who’s in charge of removing the equipment and repairing any damage on the roof?

“Have you ever tried to get a ghost to do something?” Gitles asks rhetorically. “It goes to the security deposit issue and letters of credit to make sure you can recover the costs.”

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