Question: I rent an apartment in a large multistory building. There is a long balcony on my side of the building. Management sent me a letter telling me they wanted to install telecom and antenna equipment on this balcony so the local phone company can improve Wi-Fi reception in our area. The only access to the balcony is through two apartments, one of which is mine. Do I have a right to refuse to allow this installation? If they go ahead with the installation, do I have a right to refuse to allow the telephone technicians to use my apartment for access?
Answer: Use of a portion of your rental property for the benefit of another person or company is generally considered an easement. A road running through your property, for example, is a more typical easement.
You have no duty to permit an easement to place the telecom equipment on the balcony that is included in your rental property, unless your rental agreement gives that permission to the landlord. Otherwise, the easement can be granted only if you agree to amend your current agreement, or if the terms are changed as part of a new lease or pursuant to a notice of change of terms, if you are a month-to-month tenant.