1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

I've Won my battle

Discussion in 'General Satellite Discussion' started by facerw, Feb 4, 2005.

Thread Status:
Not open for further replies.
  1. FTA Michael

    FTA Michael Hall Of Fame

    3,474
    4
    Jul 21, 2002
    I'd say the emotional damage is getting hassled and threatened with a rent increase, all for doing stuff that's perfectly legal. Another way to look at it is as compensation for all the time and energy expended just to get the management folks to obey the law.

    That said, I would hate to spend even one week in an apartment managed by such hostile morons. My approach would be to show management that I could easily win in court, but that I'm willing to go away if they'll just let me out of my lease. Then I'd go find another apartment, run by intelligent managers. If they're going to (legally?) non-renew your lease, why not find a better place now?
     
  2. facerw

    facerw Mentor

    52
    0
    Feb 1, 2005
    carload:

    That could be very difficult and messy. So I'm not going to try to get out of the lease. Besides in their view I'd have to pay the entire years rent. Right now I don't think visiting them would be a thing to do now. THey are hostile morons who would see me as a threat to them. At the end of my current lease, my wife, child and I are leaving and getting a house.

    jpurkey:

    OK so I got carried away. Didn't mean to since had been under stress. I think then I'd just ask for emotional damages, nothing more. I don't wish to be labeled as a "TROUBLEMAKER"
     
  3. Evil Capserian

    Evil Capserian Godfather

    263
    0
    Jul 27, 2003
    You may have won the battle but the landlords are winning the war. Its a dog eat dog world out there.
     
  4. FTA Michael

    FTA Michael Hall Of Fame

    3,474
    4
    Jul 21, 2002
    No, that's part of getting out of the lease -- that you leave and they agree that you don't owe anything more. If they see you as a threat, a threat who could establish a legal precedent, that's all the more reason for them to want to see you gone. I mean, what part of this isn't messy already?

    When negotiating, it's good to find areas of agreement, then work from there. You want to leave. They want you to leave. All that's left are the details to work out.

    But hey, it's your life and your family to worry about. Do what works, whatever that happens to be.
     
  5. facerw

    facerw Mentor

    52
    0
    Feb 1, 2005
    Too true but when the shark eats the fish, then it's something to be said.

    There are time when one needs to fight and to stand up for the rights of oneself. I intend to do so.
     
  6. facerw

    facerw Mentor

    52
    0
    Feb 1, 2005
    Your point is well noted. I'll consider it. Should they wish to negotiate, I'll negotiate. If I can leave without paying more on the lease I will. Just as long they understand that I wish to leave in good faith and no more than that.

    I bring that up this week and I will talk to my wife about it. If she wants to stay we stay, if we want to leave, we leave. Fair and simple.
     
  7. Jacob S

    Jacob S Hall Of Fame

    7,657
    1
    Apr 14, 2002
    If you leave I would make them pay for your moving expenses. By trying to have that done though they could easily state that they could not give you your deposit back or they could say that they would be happy to pay for your moving expenses if you pay for the rest of the months on your lease in which you would lose money that route.
     
  8. Nick

    Nick Retired, part-time PITA DBSTalk Club

    21,899
    207
    Apr 23, 2002
    The...
    Ordinarily, you would be correct, however, the SHVIA overrides any lease language to the contrary. SHVIA also supersedes restrictions promulgated by local city/county ordinances and HOA rules that seek to prevent or unduly restrict the installation of a satellite dish.

    I have resided in two apartment properties in the past 10 years, and fortunately, the owners/managers were aware of SHVIA and had printed dish-mounting "guidelines" that had been prepared in accordance with the restrictions provided for by SHVIA. I've had a balcony tripod-mounted dish, as well as one (actually three) currently pole-mounted dishes within the confines of my "exclusive-use" uncovered patio area.

    If you doubt that federal law supercedes lease agreements in this regard, I invite you to read applicable law, a link to which can be found on the DBSTalk homepage.
     

    Attached Files:

  9. the_bear

    the_bear Godfather

    420
    0
    Oct 18, 2004
    I am always amazed how emotions get in the way of people’s good judgment. Think hard about how hard you want to fight this. I have seen legal fees for evictions fun several $100K. Although, those were much more complex than yours. Check to see if your lease has a looser pays legal fees provision or binding arbitration. I have seen judges through out binding arbitration clauses on two grounds. One, tents tend not to understand them (no meeting of the minds). Two, many leases are offered as a take it or leave it deal, non-negotiable. I don’t think a lawyer will take this case unless they think they can collect payment from a deep-pocketed landlord. There are many free services that help tenants fight landlord problems.

    As Nick posted, I believe OTARD is not a waiveable right. This is similar to negligence. I don’t think you will get any pain and suffering money out of this. Pain and suffering occurs if your landlord turns off your heat in the middle of winter, not because you cannot watch TV. For lease breaking by the landlord, you can get moving expenses plus the difference in what you are paying and a replacement property, assuming you are paying bellow market rent. When the tenant breaks the lease, the landlord gets rent until the place is re-rented (not the whole year). Typically, when a lease is broken there is a quick settlement of one month’s rent, which might be what your lease states.

    Personally, I have never gone after tenants for damages. The tenants with deep pockets tend to fight. The others don’t have any money to take anyway.
     
  10. facerw

    facerw Mentor

    52
    0
    Feb 1, 2005
    I'll check that or have someone check it for me. The lease was copyrighted in 1984 (No kidding) so I'm certain something there remains for a legal challenge.

    I just simply want the right to eiter use my dish on my deck (which I can) or not pay $300 to use my receivers on their property. Simple, I think so. If not or if there's no mutual agreement, I want to leave without paying additional on my lease. I've been in this place over two years now without trouble. Now it's getting ugly.

    I just wish for these people to understand what is going on here. True OTARD is not a waveable right but what these people are doing is clearly illegal. I just want to make them understand the situtation here. I also don't wish others who come here to go through the same ordeal.

    Illegal rent increases are that, ILLEGAL. There's got to be something there to help me recover something. Stress is one thing. Going with out a TV is another. Granted, getting fees for not watching TV is stupid. But causing emotional stress for illegal rent increase, that's something to challenge.

    In addition, there's NO central antenna here. Just alot of puny little dishes here. There is one person who has a dish on the deck but is he in trouble, NOOOOOOOOO. This will end soon since I've consulted with an attorney. I also have pictures proving this too.
     
  11. facerw

    facerw Mentor

    52
    0
    Feb 1, 2005
    I spoke to my attorney at this time regarding the dishes and here's what they suggested:

    (1) Submit a complaint to the FCC in regards to my situation. They will take the necessary action.

    (2) Submit my complaint to the Attorney General as well. If they take action, they will be the one's to make sure that my building complies.

    As for the illegal rent increase, ignore it. However I will try to talk to them one way or the other. Let cooler heads prevail
     
  12. facerw

    facerw Mentor

    52
    0
    Feb 1, 2005
    On Febuarary 1, 2006 my wife and I will be gone. Fortunately we're going to renting a house upstate which my father-in-law knows so we can get it at a great price. It already as a dish, an older one. The person who is going to rent it to us then said go ahead and take that one down since it's not really good. That dish was installed circa 1998 or 1999. The place was wired up and ready for complete satellite access.

    I guess there are a few good places for dishes. I'm looking forward to it.

    Just wanted to give everyone a heads up.

    BTW: My complaint to the attorney general about my present place will go foward.
     
  13. SimpleSimon

    SimpleSimon Hall Of Fame

    5,468
    0
    Jan 15, 2004
    Any chance you can get that house sooner?

    Even though you're in the right here, it could get nasty for you.
     
  14. facerw

    facerw Mentor

    52
    0
    Feb 1, 2005
    " Any chance you can get that house sooner?

    Even though you're in the right here, it could get nasty for you."

    Not really. For the moment, this management doesn't know I've lodged a complaint to the attorney general.

    As for getting out early, I don't think that's possible.
     
  15. ADent

    ADent AllStar

    86
    0
    Jul 7, 2002
    So is your dish up or not?

    Is your existing lease in effect (with rent specified), or are you month to month?

    --

    I would think there is not much to sue about (but I am not an attorney and you have actually consulted with one) until they take down/steal your dish or actually charge you the extra rent. Threatening to violate your rights probably is not that big of a deal to the court.
     
  16. facerw

    facerw Mentor

    52
    0
    Feb 1, 2005
    No the dish isn't up. We have it in storage and for the moment we're on basic cable.

    We have one year lease. Thank god we're outta here in Jan 2006.

    As for the rent increase, yes it's illegal and I'm already planning to take action if it does. I've already consulted with an attorney.

    As for the Attorney General, I'm just making them aware of the FCC violations. Since my building is violating Federal rules, the attorney general will be involved.
     
  17. cdru

    cdru Hall Of Fame

    2,517
    0
    Dec 4, 2003
     
  18. facerw

    facerw Mentor

    52
    0
    Feb 1, 2005
    WELL, got a call from the FCC today. I definately have to file a petition to use my sat receivers on the property. The FCC attorney did say though, charging $300 is not permissable and is considered extreme. I'm pondering pursuing my complaint.

    I only fear that this action will result in either an evicition or some sort of retaliation. I've put in a call to the attorney general on this matter and they have asked me to forward a copy of my complaint that I'm addressing to the FCC. They may consider it.

    Whatever the outcome I will say that I will not tolerate being bullied or threatened. I'll let everyone know the situation.
     
Thread Status:
Not open for further replies.

Share This Page