i would contact Call Directv and have the Tech move the Dish to your Patio or Ground, you have rights that's what the OTARD is for. he cannot deny u satellite service, did u get a letter of permission upon installation of the dish ? if so did u make a copy ? if u explain your case to direct they may waive the $99.00 relocate fee, if u have the PP then your good to go.
Directv Equipment Removed
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Sorry to seem so petulant, but please spell out your words. You seem lazy when you don't. Anyway, the op may not have exclusive use of the patio or ground. OTARD doesn't guaranty that you can put up a dish unless it is in an exclusive use area.
That would be an interesting application of the law...especially if there are stated objections to roof access. In many jurisdictions it can take over 20 years for an easement by prescription to have any chance of standing up in court. I can't think of any place where that time-line is less than ten years.
If the roof doesn't fall under the OTARD rules and there is some mention of prohibiting either access to the roof or making changes to the common property without landlord approval in the lease then the OP is probably out of luck.
I'm not willing to let go of the fact that we don't know if the contract has specific language either way. Either way, it isn't our place to deliberate this.
The OP asked for advice on how they might approach obtaining a favorable result (restoration of service). Can you offer something to help facilitate that end?
Yes, he should read the lease that would be the most helpful thing he could do for himself. Until he has done that...or paid a lawyer to do it for him there's really not much sense in doing much else. Oh, wait...I guess he could file for a declaratory judgment for a prescriptive easement. Nope...reading the lease would probably be a better way to start.
That's what I suggested in my first post. You, I think had already made a judgment about what rights the landlord had, or didn't have.
I'd also suggest it's probably a real good idea to read leases, HOA/COA covenants and DirecTV agreements prior to signing/agreeing to them as doing so after the fact tends to limits one's ability to negotiate.
Tomorrow's helpful hint will cover opening the door before attempting to go outside.
HERE'S THE FCC FACT SHEET FOR THE RIGHT TO HAVE IT
Here's the link to the information you need and the right that you have to have a dish somewhere where you're renting. If your landlord doesn't want to cooperate and follow this federal law I'd call the fcc and report it. Here's the link
http://www.fcc.gov/mb/facts/otard.html#filing
Here's the link to the information you need and the right that you have to have a dish somewhere where you're renting. If your landlord doesn't want to cooperate and follow this federal law I'd call the fcc and report it. Here's the link
http://www.fcc.gov/mb/facts/otard.html#filing
hi, i suggest asking questions about satellite dishes before signing the lease to understand it.
John
John
You do NOT have the right to have a dish "somewhere" when you are renting if you don't have an exclusive area to put the dish.
As a landlord myself, Your leasing the rights to live there and nothing else.
Your not permitted to alter in anyway, my building or property.
You do not own the building.
Buttom line if you decide to take int upon yourself , to cut down a tree, build a deck, or even mount a satellite dish, you as the tennat are in the wrong.
There are no laws requiring a person must subscribe to tv service.
And there is no law stopping me from eviction if your altering my property without my Authorization.
For the record, Directv and Dish Network, Both require Authorization from a Landlord to do a satellite install on rented property.
Unless you all Lie to them and Say you own it.
Now to clear things up, I do allow satellite service at my rentals, But they can't have the service in their name..
I supply the satellite service Top 200 Or the D* choice pack. I'll offer, in a max 4 Rooms SD service only. If they want Higher base packs, HD,DVR or Premium channels, they must pay for the upgrades and the extra cost of the services.
I do this because I don't want 6 satellite dishes with holes mounted all over my property from D* and E*.
FTA is not permitted. Unless they use a Tripod on the deck. But I've never ran into that with my tennants.
OTA is. All my Propertys have OTA and Satellite mounted ready for use.
Cable is also aloud if they choose, But Tennant must supply that themselves.
Your not permitted to alter in anyway, my building or property.
You do not own the building.
Buttom line if you decide to take int upon yourself , to cut down a tree, build a deck, or even mount a satellite dish, you as the tennat are in the wrong.
There are no laws requiring a person must subscribe to tv service.
And there is no law stopping me from eviction if your altering my property without my Authorization.
For the record, Directv and Dish Network, Both require Authorization from a Landlord to do a satellite install on rented property.
Unless you all Lie to them and Say you own it.
Now to clear things up, I do allow satellite service at my rentals, But they can't have the service in their name..
I supply the satellite service Top 200 Or the D* choice pack. I'll offer, in a max 4 Rooms SD service only. If they want Higher base packs, HD,DVR or Premium channels, they must pay for the upgrades and the extra cost of the services.
I do this because I don't want 6 satellite dishes with holes mounted all over my property from D* and E*.
FTA is not permitted. Unless they use a Tripod on the deck. But I've never ran into that with my tennants.
OTA is. All my Propertys have OTA and Satellite mounted ready for use.
Cable is also aloud if they choose, But Tennant must supply that themselves.
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Go right ahead , You'll lose. Not your property. Landlord could go right to the Sheriff department, and file for eviction for destroying/altering the roof on property you don't own.
I want to hear how this would sound.
"Hello Police, Yes my landlord just took the satellite dish down that I don't own,off the roof I mounted it on that I don't own. That I never asked for permission to mount in the first place"
Arrest him.
I want to hear how this would sound.
"Hello Police, Yes my landlord just took the satellite dish down that I don't own,off the roof I mounted it on that I don't own. That I never asked for permission to mount in the first place"
Arrest him.
You do own the dish, but the renter may not have permission to use the roof. If he did that is a different story. Also, if the dishes had been there with the owners knowledge, but not consent, that could be considered permission after a certain length of time. Since we haven't heard back from the op, we have no idea what the real situation is. Until then, all of this is merely speculation.
Well owning the dish is a tricky one. D* may let you keep it, But most times when E* does an upgrade they always take the old equipment. They always want the LNBs back too when you terminate service.
Instead of posting here and complainning about it, I would get a hold of the landlord, and talk it out.
But I can assure you as landlords we don't like it when you do things without athorization.
That just shows a lack of respect.
With that in mind I doubt now he would be willing to work with you.
If you want something as tennants ,Just ask. You'll be surprised the results.
I've been lucky with Tennants, I have 4 Familys right now 2 have been tennants for the last 6 years, and in that time the places are still top knotch inside.
With that in mind , Last Christmas they both got 2 months rent free for December and January. That was their 5 year gift.
Now the Other 2 Family are still OK, But 1 Always has an excuse every month on why they are going to be late with the rent, Every month they are 15-20 days late, Everymonth for the past 10 months.
Now I could help them out and say, "OK this month I'll let you skip this payment to catch up" But I know what will happen and another month 15 days late again.
So I would rather them pay consistantly late every month, then not get paid.
Now If they Bolted a Slimline Dish to my roof, They would be gone as soon as I could get them out. Most likly 3-6 months since they have kids.:rant:
But I can assure you as landlords we don't like it when you do things without athorization.
That just shows a lack of respect.
With that in mind I doubt now he would be willing to work with you.
If you want something as tennants ,Just ask. You'll be surprised the results.
I've been lucky with Tennants, I have 4 Familys right now 2 have been tennants for the last 6 years, and in that time the places are still top knotch inside.
With that in mind , Last Christmas they both got 2 months rent free for December and January. That was their 5 year gift.
Now the Other 2 Family are still OK, But 1 Always has an excuse every month on why they are going to be late with the rent, Every month they are 15-20 days late, Everymonth for the past 10 months.
Now I could help them out and say, "OK this month I'll let you skip this payment to catch up" But I know what will happen and another month 15 days late again.
So I would rather them pay consistantly late every month, then not get paid.
Now If they Bolted a Slimline Dish to my roof, They would be gone as soon as I could get them out. Most likly 3-6 months since they have kids.:rant:
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I don't know about Dish, but with Directv you own the dish. I have never seen Dish take their dish, but often they take the lnb.
I keep asking myself...... Did the person getting the service originally not ask the landlord ahead of time, I would never just go ahead and have something placed that the landlord didn't know about ahead of time.
That was kind of the point of my post #33. Until we here back from the op, it is all supposition.
You and I may not do something like that but, there are alot of people out there that believe it doesn't matter what others think, it's all about them.
I've had plenty of conversations with property owners regarding this very issue and it is a problem for some. Costs them plenty of money for repairs.
There are a lot of speculations/guesses/assumptions in this thread but I noticed the OP has not been back to post a single follow-up.
Maybe we need to wait until some real details are posted.
Maybe we need to wait until some real details are posted.
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