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  1. #1
    cbird336 is offline Junior Member
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    Landlord is trying to remove my satellite dish

    What is the name of your state (only U.S. law)? CA

    I'm the renter of a single family home in Chico, California and my landlord wants me to remove my satellite dish. I currently have Direct TV and the dish is mounted on the roof above the driveway. The landlord first asked that I relocate the dish so that its not attached to the roof, but the DTV technicians said it could not be placed anywhere else on the property without losing signal - there are a lot of trees.

    By imposing the above regulations on where I can/can not post my satellite, my landlord is in effect prohibiting me from having DTV and forcing me to switch to another cable service. Can they do this???

    I looked up the FCC's rules and regulations here: [url=http://edocket.access.gpo.gov/cfr_2010/octqtr/47cfr1.4000.htm]Section[/url]

    I interpret them to say I'm in the right, b/c there is absolutely no other place to put the dish, but I would like more feedback.

    *Note: This morning a service truck showed up at my house with a work order granting him permission to remove the dish without my knowledge(Thankfully I was able to get rid of him before he got on the roof). Is that allowed?? I'm considering petitioning my case, but this is the first time I've ever had to deal with litigation and legal issues.

    What is the name of your state (only U.S. law)? CA
    Last edited by cbird336; 11-30-2011 at 07:07 PM.
  2. #2
    sandyclaus is offline Senior Member
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    Quote Originally Posted by cbird336 View Post
    What is the name of your state (only U.S. law)? CA

    I'm the renter of a single family home in Chico, California and my landlord wants me to remove my satellite dish. I currently have Direct TV and the dish is mounted on the roof above the driveway. The landlord first asked that I relocate the dish so that its not attached to the roof, but the DTV technicians said it could not be placed anywhere else on the property without losing signal - there are a lot of trees.

    By imposing the above regulations on where I can/can not post my satellite, my landlord is in effect prohibiting me from having DTV and forcing me to switch to another cable service. Can they do this???

    I looked up the FCC's rules and regulations here: [url=http://edocket.access.gpo.gov/cfr_2010/octqtr/47cfr1.4000.htm]Section[/url]

    I interpret them to say I'm in the right, b/c there is absolutely no other place to put the dish, but I would like more feedback.

    *Note: This morning a service truck showed up at my house with a work order granting him permission to remove the dish without my knowledge(Thankfully I was able to get rid of him before he got on the roof). Is that allowed?? I'm considering petitioning my case, but this is the first time I've ever had to deal with litigation and legal issues.

    What is the name of your state (only U.S. law)? CA
    Check your lease. It should indicate that you are not allowed to make any unauthorized modifications or improvements to the property. Such unauthorized modifications to the property would be considered damage for which you can be held legally and financially liable.

    You needed to ask the LL before installing a satellite dish. He is clearly not in agreement with that being placed on his property, and certainly not on his roof. He is well within his rights to remove the dish, AT YOUR EXPENSE, because it is HIS property, not yours.

    Be prepared to receive a 3-day Notice to Cure or Quit (remove the satellite dish) or a termination of your lease for the damage due to installing the satellite dish without express written permission from the LL to do so.
  3. #3
    LdiJ is offline Senior Member
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    Quote Originally Posted by sandyclaus View Post
    Check your lease. It should indicate that you are not allowed to make any unauthorized modifications or improvements to the property. Such unauthorized modifications to the property would be considered damage for which you can be held legally and financially liable.

    You needed to ask the LL before installing a satellite dish. He is clearly not in agreement with that being placed on his property, and certainly not on his roof. He is well within his rights to remove the dish, AT YOUR EXPENSE, because it is HIS property, not yours.

    Be prepared to receive a 3-day Notice to Cure or Quit (remove the satellite dish) or a termination of your lease for the damage due to installing the satellite dish without express written permission from the LL to do so.
    This may sound stupid, but why in the world would a landlord have a problem with a tenant installing a satellite dish? What kind of damage can the dish do that the tenant couldn't fix when moving out?
  4. #4
    sandyclaus is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    This may sound stupid, but why in the world would a landlord have a problem with a tenant installing a satellite dish? What kind of damage can the dish do that the tenant couldn't fix when moving out?
    Depending on the community, some LLs find them ugly and unattractive. Plus, they are permanently affixed to the roof or frame where they are installed, and if not installed properly, can do some real damage if/when someone decides to remove them. (And honestly, how many tenants do YOU know of that would be willing to climb up on a roof and properly remove one of these when they leave?)

    That is one reason why a lot of condo communities managed by HOAs take issue with individual owners installing the dishes on their balconies. Many LLs also have a specific clause in their leases prohibiting them as well.

    I can see it where a satellite service was the ONLY option to receive programming in an area, but when there are other choices available, many LLs would rather some other service be used instead of installing a huge, clumsy, unattractive satellite dish on their property.
  5. #5
    cbird336 is offline Junior Member
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    Quote Originally Posted by sandyclaus View Post
    Check your lease. It should indicate that you are not allowed to make any unauthorized modifications or improvements to the property. Such unauthorized modifications to the property would be considered damage for which you can be held legally and financially liable.

    You needed to ask the LL before installing a satellite dish. He is clearly not in agreement with that being placed on his property, and certainly not on his roof. He is well within his rights to remove the dish, AT YOUR EXPENSE, because it is HIS property, not yours.

    Be prepared to receive a 3-day Notice to Cure or Quit (remove the satellite dish) or a termination of your lease for the damage due to installing the satellite dish without express written permission from the LL to do so.
    The FCC law states that, whether it is in the lease provisions or not, a landlord may not impose restrictions that will prohibit a tenant from receiving particular direct broadcast satellite services. My landlord knows that I've tried to have the dish relocated, twice.

    Am I within my rights to petition this case? The thought of an eviction had not crossed my mind, considering I've been a perfect tenant and had a reasonably good relationship with my landlord, up to this point.
  6. #6
    sandyclaus is offline Senior Member
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    Quote Originally Posted by cbird336 View Post
    The FCC law states that, whether it is in the lease provisions or not, a landlord may not impose restrictions that will prohibit a tenant from receiving particular direct broadcast satellite services. My landlord knows that I've tried to have the dish relocated, twice.

    Am I within my rights to petition this case? The thought of an eviction had not crossed my mind, considering I've been a perfect tenant and had a reasonably good relationship with my landlord, up to this point.
    I stand corrected as far as the rule of law is concerned. But you have another problem. According to the FCC website ([url=http://www.fcc.gov/guides/over-air-reception-devices-rule)]Guides | FCC.gov[/url]:

    Q: Does the rule apply to residents of rental property?

    A: Yes. Effective January 22, 1999, renters may install antennas within their leasehold, which means inside the dwelling or on outdoor areas that are part of the tenant's leased space and which are under the exclusive use or control of the tenant. Typically, for apartments, these areas include balconies, balcony railings, and terraces. For rented single family homes or manufactured homes which sit on rented property, these areas include the home itself and patios, yards, gardens or other similar areas. If renters do not have access to these outside areas, the tenant may install the antenna inside the rental unit. Renters are not required to obtain the consent of the landlord prior to installing an antenna in these areas. The rule does not apply to common areas, such as the roof or the exterior walls of an apartment building. Generally, balconies or patios that are shared with other people or are accessible from other units are not considered to be exclusive use areas.
    So as I see it, you would have the right to install the dish anywhere on the property where you have exclusive access and use. But in this case, because the dish is installed on the roof, the rule doesn't apply.

    You will have to move the dish somewhere else in order to keep it installed. If you can't or won't, then it's got to go.
  7. #7
    Jendor is offline Member
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    Quote Originally Posted by cbird336 View Post
    Direct TV and the dish is mounted on the roof above the driveway. The landlord first asked that I relocate the dish so that its not attached to the roof, but the DTV technicians said it could not be placed anywhere else on the property without losing signal - there are a lot of trees.
    Is mounted right above the driveway, or near the edge such as near a lawn? Would LL permit you to have a pole to mount the dish on, say in middle of yard, or is there no line of sight anywhere else BUT that one spot on the roof? While you may prefer DishTV, if you cannot have the dish on your roof, would LL permit you to have cable TV installed as an alternative? Maybe it's not your preferred alternative, but just a couple of suggestions.
  8. #8
    John_DFW is offline Member
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    It's fairly common for satellite dishes to be mounted on a pole inserted into concrete in a 5 gallon bucket. Not the prettiest, but functional and no screws need to be installed in the wall or roof of the building.

    From a liability standpoint, I would never allow a tenant to climb on the roof of a building. Nothing to gain, possibly a loss.
  9. #9
    LdiJ is offline Senior Member
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    Quote Originally Posted by sandyclaus View Post
    I stand corrected as far as the rule of law is concerned. But you have another problem. According to the FCC website ([url=http://www.fcc.gov/guides/over-air-reception-devices-rule)]Guides | FCC.gov[/url]:



    So as I see it, you would have the right to install the dish anywhere on the property where you have exclusive access and use. But in this case, because the dish is installed on the roof, the rule doesn't apply.

    You will have to move the dish somewhere else in order to keep it installed. If you can't or won't, then it's got to go.
    Wait a minute. He said it was a single family dwelling, therefore that clause would not apply as its specific to apartments.
  10. #10
    HuAi is offline Member
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    Q: Does the rule apply to residents of rental property?

    A: Yes. Effective January 22, 1999, renters may install antennas within their leasehold, which means inside the dwelling or on outdoor areas that are part of the tenant's leased space and which are under the exclusive use or control of the tenant. Typically, for apartments, these areas include balconies, balcony railings, and terraces. For rented single family homes or manufactured homes which sit on rented property, these areas include the home itself and patios, yards, gardens or other similar areas. If renters do not have access to these outside areas, the tenant may install the antenna inside the rental unit. Renters are not required to obtain the consent of the landlord prior to installing an antenna in these areas. The rule does not apply to common areas, such as the roof or the exterior walls of an apartment building. Generally, balconies or patios that are shared with other people or are accessible from other units are not considered to be exclusive use areas.

    Seems to me the OP is in the right. In this case I don't think it's about who's right but about getting a mutually agreeable solution. Why don't you talk to the landlord face to face and ask him about his concerns (damage to building) and your concerns (having TV) and see if you can agree to something that is acceptable to both. One example has already been mentioned (Concrete bucket) - perhaps another option is to have LL inspect the installation himself to see that it's not damaging the roof.
  11. #11
    You Are Guilty is offline Senior Member
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    Physical damage to the roof is but one of many (good) reasons for a LL to bar antennas there - as someone pointed out earlier, LL liability (particular when ladders are involved) is huge, there can be insurance issues, as well as contract issues (such as a roof warranty which would be voided by an antenna installation).

    Given that alternatives are available (bucket/pole), the LL is almost certainly in the right here.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  12. #12
    cbird336 is offline Junior Member
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    Thank you all for your feedback.

    The satellite cannot be put on a post b/c there is a concrete driveway in the only area with reception. The DTV technician told me he can leave it where it is or take it down for me, but it can't be relocated b/c of signal issues and that I should look into renter's rights. Thats what lead me to this forum.

    My landlords #1 concern is damage to the roof. I've tried explaining to him that it is professionally done and that taking it down isn't going to change the current state of the roof - he doesn't get it. He wants it down no questions asked and thats why I'm considering the petition.
  13. #13
    You Are Guilty is offline Senior Member
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    Why can't you put a bucket of concrete with a post in it on the driveway area?

    But as a compromise, perhaps your LL would accept you agreeing, in writing, to paying for any damage to the roof that may be caused by, or result from, the antenna installation? (I personally wouldn't, but if that's all he cares about, then who knows).
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  14. #14
    outabout is offline Junior Member
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    No OP is not in the right

    Keep reading FCC rules related to single family house:

    Q: Are there restrictions that can be placed on residents of rental property?

    A: Yes. A restriction necessary to prevent damage to leased property may be reasonable. For example, tenants could be prohibited from drilling holes through exterior walls or through the roof.
  15. #15
    davew128 is offline Senior Member
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    Quote Originally Posted by John_DFW View Post
    From a liability standpoint, I would never allow a tenant to climb on the roof of a building. Nothing to gain, possibly a loss.
    From a subscriber standpoint, a call to DTV customer service will have an authorized installer come to do it.

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