Landlord says can't put dish on building, but i'm gonna do it anyway!

1752 Views 18 Replies 12 Participants Last post by mnassour, Sep 17, 2002

Gemini365i

Discussion Starter · Sep 11, 2002

Deleted, since I can't delete the post

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J Rath

· #2 · Sep 11, 2002

Do you have a balcony or porch which would be considered exclusive use? If you do you could install it there and he can't really say a word. He DOES have the right to say it can't be installed on the roof or attached to the side of the building. See this link for info:
FCC Fact Sheet
Note this statement regarding installation in common areas:

Such common areas may include the roof or exterior wall of a multiple dwelling unit. Therefore, restrictions on antennas installed in or on such common areas are enforceable

Just an FYI, I live in a apartment building as well. I used the metal fence post cemented into a 5-gallon bucket approach to install my dish. I am actually in an apartment that faces north so I extended the post just high enough to clear the roof over my balcony, and it works very well.

spanishannouncetable

· #3 · Sep 11, 2002

If you attach the dish to the building in such a way as to cause damage or alteration to it (drilling holes, etc.) or create a safety hazard the landlord would be within his rights under FCC guidelines to evict you and sue you for damages.

Under OTARD rules from the FCC the landlord cannot cause unreasonable delays or prevent you from having a dish, but you cannot force the landlord to damage his property for your benefit.
You CAN install the dish on your exclusive use area, using a tripod or bucket-and-pole mount.

http://www.fcc.gov/mb/facts/otard.html

"The rule prohibits restrictions that impair a person's ability to install, maintain, or use an antenna covered by the rule. The rule applies to state or local laws or regulations, including zoning, land-use or building regulations, private covenants, homeowners' association rules, condominium or cooperative association restrictions, lease restrictions, or similar restrictions on property within the exclusive use or control of the antenna user where the user has an ownership or leasehold interest in the property. A restriction impairs if it: unreasonably delays or prevents use of; (2) unreasonably increases the cost of; or (3) precludes a person from receiving or transmitting an acceptable quality signal from an antenna covered under the rule. The rule does not prohibit legitimate safety restrictions or restrictions designed to preserve designated or eligible historic or prehistoric properties, provided the restriction is no more burdensome than necessary to accomplish the safety or preservation purpose."

"Clearly-defined, legitimate safety restrictions are permitted even if they impair installation, maintenance or use provided they are necessary to protect public safety and are no more burdensome than necessary to ensure safety. Examples of valid safety restrictions include fire codes preventing people from installing antennas on fire escapes; restrictions requiring that a person not place an antenna within a certain distance from a power line; and installation requirements that describe the proper method to secure an antenna."

"The rule applies to antenna users who live in a multiple dwelling unit building, such as a condominium or apartment building, if the antenna user has an exclusive use area in which to install the antenna. "Exclusive use" means an area of the property that only you, and persons you permit, may enter and use to the exclusion of other residents."

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J Rath

· #4 · Sep 11, 2002

One other thought. If you don't have an area considered "exclusive use" it is quite possible the installer will refuse to do the install without written permission from the landlord

Geronimo

· #5 · Sep 12, 2002

IF you modify a common area without authority you will be subject to civil and potentially criminal action. I doubt any installer will do it without the permission of the owner.

SParker

· #6 · Sep 12, 2002

Whats more important to you? A place to live or having satellite TV? I'd say a place to live!

mnassour

· #7 · Sep 12, 2002

That's a tough call.............

Gemini365i

Discussion Starter · #8 · Sep 12, 2002

Can I weigth the 2? That is a mighty tough call. I think I would like to watch Satellite TV, even if I am on the streets...LMAO!

Well, in a month I will reply to this, to let you all know if I am on the streets somewherre in NYC, then I can come and stay with one of u, and mooch off of your DTV.

SParker

· #9 · Sep 12, 2002

I hear D* and E* make cardboard box mounting kits LOL

jrjcd

· #10 · Sep 12, 2002

just out of curiosity, why didn't you talk to the landlord BEFORE you purchased the DTV??? I have a feeling on this one, HE'S going to have the last laugh on you....

HTguy

· #11 · Sep 12, 2002

If you have any kind of balcony with line-of site and the installer has a flat-wire adaptor to run under the window or door jamb you should be okay. As long as it's installed in an area you rent exclusively and you don't drill into or bolt onto the structure you're within your rights.

If the landlord threatens anything you hand him a copy of the FCC Over the Air Reception Device Rule or have your lawyer mail it to him.

Here's an article of interest: To Landlords' Vexation, Cities Embrace the Dish

Jacob S

· #12 · Sep 13, 2002

Get the extra output or put a switch on one of the other dishes that are currently up to get your signal.

DarrellP

· #13 · Sep 16, 2002

If you are on the streets, you are in luck! Check out this guy:

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Gemini365i

Discussion Starter · #14 · Sep 16, 2002

WOW...do you by chance, know his number? ;-)

OK, So I got my service connected on Friday, and i'm hoping all goes well with this system. I've had rain this weekend, but no fade or blackouts or freezes.

the worst thing that could happen is the LL finds out about it, and says take it down. I mean it's on the roof of my 7 story building, and I live on the 6th floor. When u look up there, you can't see the dish at all. It's behind a brick panel.

DarrellP

· #15 · Sep 16, 2002

OK, if that one is too big, try this one::lol:

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Ronmort

· #16 · Sep 16, 2002

I know of a person who is renting a townhouse. It is connected to other houses. He asked about installing a satellite dish (Dish Network.) The manager of the town homes said he must pay an extra month's rent as security to install a mini-dish. There are other satellite dishes in the complex. Is this an unreasonable cost. The rent by the way is $700 per month.

DarrellP

· #17 · Sep 16, 2002

Sounds like total BS to me. Why not get a bucket, fill it with cement and put it out whenever you want to watch? Or use a tripod? You can get a glasslink so you don't have to drill holes anywhere. they cost around $80 for single pane and $129 for dual pane.

scooper

· #18 · Sep 16, 2002

Sounds like the manager is getting a kickback from the cable company to me...

$700 as an extra deposit is WAY out of line - do the tripod or cement bucket thing and you should be fine. You can also get "flat coax" to go under a door or window to prevent drilling.

mnassour

· #19 · Sep 17, 2002

OK. I'm a landlord several times over and this is for all the landlords out there.

Look people, this is no big deal. Yes, I understand your concerns with liability. The way around this is to 1)require a professional installation in accordance with all building and electrical codes and 2) make sure that YOU have liability insurance. If you're a property manager or landlord without it, you are playing with FIRE!

If you're any kind of businessman/woman, you've already go a more than enough deposit to take care of any "damage" a few holes in the side of your house might cause. A decent installer won't even consider doing this on siding without proper precautions, so put aside your fears of an entire panel coming off in the wind.

A tenant's cat will do more damage than a dish will.

Mike Nassour

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