Directv Equipment Removed

[bacardiator]

Hello,

My mom has Directv service. It had been down since last thursday. She called cust service, and they set up a visit by a tech. She lived in an apt. building. The tech came, checked everything in the apt. and couldn't find anything wrong. He went up to the roof where all the dishes from the building are installed, and to his amazement, upon stepping foot on the roof, noticed all the dishes that were installed in the building had been removed, all wires cut.
No notice was given to my mom by the landlord, regarding the removal of the dishes, and to anyone in the bldg that had directv service. When my dad asked the super of the bldg about it, he said he was ordered to do it by the landlord. He asked for the dish, and the super told him they were picked up along with the rest of the garbage, and carted away.

My question is, what options does my mom have? She's currently without service, and doesn't know what to do.

Any help would be greatly appreciated.

Thanks.

 

[raoul5788]

Hello,

My mom has Directv service. It had been down since last thursday. She called cust service, and they set up a visit by a tech. She lived in an apt. building. The tech came, checked everything in the apt. and couldn't find anything wrong. He went up to the roof where all the dishes from the building are installed, and to his amazement, upon stepping foot on the roof, noticed all the dishes that were installed in the building had been removed, all wires cut.
No notice was given to my mom by the landlord, regarding the removal of the dishes, and to anyone in the bldg that had directv service. When my dad asked the super of the bldg about it, he said he was ordered to do it by the landlord. He asked for the dish, and the super told him they were picked up along with the rest of the garbage, and carted away.

My question is, what options does my mom have? She's currently without service, and doesn't know what to do.

Any help would be greatly appreciated.

Thanks.

You might try Directv's customer service, but I doubt there is anything they can do. Was there any notice given about this? Has she talked to the landlord and what, if anything, did he say? How about the management company for her building? They should be on the lease. What about the local owners/renter association, assuming there is one. BTW, the dish belongs to her. She should ask nicely to get it back.

 

[harshness]

First off, they dishes weren't the landlord's property to dispose of. I can see a situation where what has happened being considered theft of personal property similar to hauling your car away and having it junked.

As for what to do going forward, there's not much DIRECTV or DISH Network can do. My recommendation would be to have an attorney educate the landlord about OTARD and perhaps negotiate some sort of reparations.

 

[Scott Greczkowski]

I would call the police department and file a stolen property report.

 

[raoul5788]

I would call the police department and file a stolen property report.

Now THAT could get interesting!

 

[wildbill129]

The police report is a good idea, but she should get all her neighbors that had dishes removed do the same thing. She does not want to get singled out and potentially evicted (unless she is on lease). Although, that would make me move anyway.......

 

[moghedien14]

I would call the police department and file a stolen property report.

I don't think going passive-aggressive with a landlord who apparently likes passive-aggressive tactics is a good idea. You should look at the lease your parents signed to see if it allowed the installation of the dish on the roof in the first place. Also, the Directv tech that originally installed the dish should have obtained the landlord's permission first. If you can find some written agreement between your parents and the landlord, it might help your case...

 

[Ken S]

If the dishes were put up there in violation of the lease in a non-exclusive area/landlord private area (without landlord approval) the landlord had every right to have them removed.

It all depends on your lease and what rights your mother had to the roof.

If I have an item installed on someone else's property, without permission, that person has the right to clear the property and dispose of the item.

 

[Jimbo]

If the dishes were put up there in violation of the lease in a non-exclusive area/landlord private area (without landlord approval) the landlord had every right to have them removed.

It all depends on your lease and what rights your mother had to the roof.

If I have an item installed on someone else's property, without permission, that person has the right to clear the property and dispose of the item.

Sounds to me like the service has been there for awhile ......
Therefore, nothing that happened recently.
If it's been there awhile then the landlord has known about it for awhile now, thus OK with it.

I think I would call the landlord see what he has to say about it and then call the police if he doesn't have a reasonable explanation.

In the mean time, get another dish and plant it in the ground.

 

[harshness]

If I have an item installed on someone else's property, without permission, that person has the right to clear the property and dispose of the item.

The case law regarding easements doesn't necessarily result in the property owner (or their agent) being able to destroy property.

Unless the dish farm sprouted virtually overnight, previous inaction dictates an acceptance of what has happened.

 

[jdspencer]

I wonder if the landlord has made an agreement with the local cable company?

 

[raoul5788]

I wonder if the landlord has made an agreement with the local cable company?

That thought crossed my mind.

 

[Jimbo]

I wonder if the landlord has made an agreement with the local cable company?

That thought crossed my mind.

Possibly recently ......

 

[Joe Diamond]

Find an MDU operator. Have him make a deal with the landlord to operate the building and pay the landlord for rights to sell services in the building.

Who is using the interior cable now?

Joe

 

[Ken S]

The case law regarding easements doesn't necessarily result in the property owner (or their agent) being able to destroy property.

Unless the dish farm sprouted virtually overnight, previous inaction dictates an acceptance of what has happened.

Easements? This is a potential trespass. Perhaps you're claiming adverse possession? Good luck with that.

As I said, there may have been notice as well...in the lease.

 

[Ramy]

I don't think going passive-aggressive with a landlord who apparently likes passive-aggressive tactics is a good idea. You should look at the lease your parents signed to see if it allowed the installation of the dish on the roof in the first place. Also, the Directv tech that originally installed the dish should have obtained the landlord's permission first. If you can find some written agreement between your parents and the landlord, it might help your case...

You don't need the landlord's permission. By law he must allow you to do it as long as it doesn't destroy anything else in the process, which it didn't sound like it did.

 

[harshness]

Perhaps you're claiming adverse possession? Good luck with that.

I'm referring to an easement by prescription. I've been party to a situation where an easement was attached to a piece of real property because the owner didn't take action on a driveway informally established on their property. I can easily see this principle applied to an antenna farm in combination with OTARD should local law recognize prescriptive easements.

As I said, there may have been notice as well...in the lease.

Or not.

 

[moghedien14]

You don't need the landlord's permission. By law he must allow you to do it as long as it doesn't destroy anything else in the process, which it didn't sound like it did.

Can you cite this law? According to FCC OTARD rules that govern antenna placement, FCC Fact Sheet on Placement of Antennas , the landlord can restrict the tenant from placing the dish in non-exclusive areas like the roof.

 

[talos4]

In most cases with MDU's the landlord does have the right to restrict what is placed on his roof.

The rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners where the antenna user does not have an exclusive use area. 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.

Q: If I live in a condominium or an apartment building, does this rule apply to me?

A: 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. For example, your condominium or apartment may include a balcony, terrace, deck or patio that only you can use, and the rule applies to these areas. The rule does not apply to common areas, such as the roof, the hallways, the walkways or the exterior walls of a condominium or apartment building. Restrictions on antennas installed in these common areas are not covered by the Commission's rule. For example, the rule would not apply to restrictions that prevent drilling through the exterior wall of a condominium or rental unit and thus restrictions may prohibit installation that requires such drilling.​

Being a commercial roofer, I've seen installations of all kinds of stuff on roofs without the owners knowledge. A ladder setup on the side of a building, a quick install and no one's the wiser. OR a few bucks in the managers pocket, the roof hatch is unlocked and tells the installer it's OK!

We've fixed many holes in the roof, wall flashings, curb flashings from cable runs and lag bolts. When the owner finds out why the roof was leaking the tenant faces the music.

 

[Stargazer]

I have read where anything attached to a home such as a satellite dish becomes part of the property. I wonder if this allows the owner of said property to remove it.