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.
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.
"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."
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.
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.
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.
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.
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.
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