Need help! Landlord says no Dishes!!

[AppliedAggression]

I'm moving into a new apartment this weekend and I was in their office today signing the lease. One part of it says, no obstacles on the patio, including cars, satellite dishes and so on. I asked if the patio was considered common area even though I knew it wasn't. She said no, it's just yours.

I then brought up satellite dishes to which she said no, we don't allow that. I explained the FCC's ruling to her and she went over and talked to someone in the back. They said absolutely no satellite dishes, I don't care what the FCC says, these are our rules.

Of course I know legally I should be able to put it up in the patio. Here's where I need help. Does anyone have something professional looking explaining the FCC satellite dish rule that I can print out and show them? Hopefully something showing concequences if they don't comply.

Any help would be greatly, greatly appreciated. I don't want to lose Dish.

 

[Mr Tony]

you mean this??

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

Print it out and show your soon to be landlord that you have every right to put one up. They may not allow you to drill holes, which is fine. Use the "pole in a bucket" idea (I did that at my apartment) and use flat cable, or if its on the outside, where the cable comes in.

The FCC rules override any restrictions they place (unless its a common area)

 

[rang1995]

http://www.fcc.gov/cgb/satellite.html

 

[mcsj]

Actually I would suggest you talk to your landlord. I think what they mean by no satellite dish is that you cannot damage the patio (e.g., put screws to secure the dish on the rail).

Check the Q/A from this: http://www.fcc.gov/mb/facts/otard.html

You can try this "roof mount" to secure your dish: http://www.winegard.com/home/ds5046.htm

 

[rang1995]

Effective January 22, 1999, the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio.

 

[AppliedAggression]

Wow, you guys are quick. Yeah, I'm positive that they meant no satellite, no satellite. I told them it would be on a pole in a bucket and they said no satellite, no matter what.

Also one question I do have to add, is that the apartment is a town house and the roof tilts in the back. The back of the house faces northwest. So the Dish would have to be on a pole maybe 6 to 7 feet tall. Would that be a problem at all?

 

[Mr Tony]

As long as you don't run into a common area, you should be OK

 

[mcsj]

AppliedAggression, call that number listed on the Q/A (888-225-5322)... They will help you out.

 

[Neutron]

I would never move into a place that said absolutely no satellite dish. My wife and I are in the process of selling our house and some apartments we looked at said absolutely no dish and I brought up the FCC ruling and most of the places said they didn't care what the FCC said. I told those places thanks but no thanks and left.

 

[Hall]

You sure are going to be their favorite tenant.... Expect them to jump to your attention when you want something done for you.

By the way, won't the installer need a waiver from the apt management before he does the install ??

 

[Mr Tony]

By the way, won't the installer need a waiver from the apt management before he does the install ??

not if you do it yourself

 

[AppliedAggression]

You sure are going to be their favorite tenant.... Expect them to jump to your attention when you want something done for you.

By the way, won't the installer need a waiver from the apt management before he does the install ??

That's what I worried about. I'm sure I can get them to allow satellite up, but it probably won't be pretty. I don't want them to be itching to get me out of there. On the other hand, it'd be kind of cool if everyone starting putting a dish in their patio

 

[Hall]

Just recalled a story about my in-laws and the apt complex they live in....

They seem to allow dishes as a friend who used to live there had one, but I've actually seen NO others since his. Well, one day there's one pole-mounted out in the "yard", i.e. common area. My in-laws saw it and asked an employee about it. Seems they made an exception for this tenant. They're temporary, for one, 6-12 months. The unit they're living in is being paid for by the tenant's employer and they're being charged "furnished rate", i.e. $1200/month. "Normal" rent for the complex is, I imagine, half that.

Money talks....

 

[Hall]

That's what I worried about. I'm sure I can get them to allow satellite up, but it probably won't be pretty.

That's one thing to consider, regardless of what the FCC says on the matter.... Remember, YOU HAVE TO LIVE THERE.

 

[charper1]

I agree with the others that say don't sign that lease. Giving up or passing on your right to satellite just because they say "we don't care about the FCC" is exactly why these guys get away with it. They know renters will not spend time & money to prove them wrong. Then you will surely be picked on for ANYTHING you do from that point on. The answer is to get a lawyer to send them a letter stating the FCC ruling and that you will sue if not afforded your rights. It might cost you about $50 - $100 but it will get them to back off of the "we don't care about the FCC" comments and they will also know not to mess with you as long as you fly right 1000% regarding their lease because they are already aware of your willingness to contact the law & fight. I have been through this 2 times in the early days and have passed this same advise to numerous friends with 100% results when NON-COMMON AREA GROUND is the case.

 

[roadrhino]

Another idea is to follow the "better to ask forgiveness than permission" adage. In other words, just put up your dish on your patio (in a bucket) in a way that there is ZERO impact on what you don't own (the building). If they then tell you "No satellite dishes are allowed" you can reply "well, I figured you would follow the federal rules governing satellite dishes, so there should be no problem." At that point in time, you can hand them a copy of the FCC regs that make it clear they are not allowed to prohibit your dish and ask them how their rule doesn't violate federal regulations. The unfortunate fact here, however, is if they don't like your attitude, the can always find some other reason to terminate your lease. It would also be very difficult to prove that the dish is the issue.

In other words, I am suggesting you pretend your earlier conversation with this person had never happened, hope for the best, and if the worst happens, defend your position, but be prepared to move if necessary.

All the best...

Roadrhino

 

[hollownail]

Yup, had the same issue myself. Course, it was mounted inside, to the wall (wish I could post a pic of it :-D )
Yeah, they didn't care about it being inside the apartment, in exlusive area. But at that time, they didn't know how it was mounted. We did make it's own mount, but they still tried to bitch.
Oh well, not much they can actually do but bitch about it.

 

[bnaivar]

20-20 hindsight, but had it been me, I would have put the dish on the patio THEN started the FCC arguments.

 

[ShadowEKU]

You sure are going to be their favorite tenant.... Expect them to jump to your attention when you want something done for you.

By the way, won't the installer need a waiver from the apt management before he does the install ??

Yes the installer needs a waiver... when I first got dish back in early '00 ( i was still installing directv then) My landlord said NO! we dont allow dishes. I told them about the (recent) FCC ruling and they said they would just evict me if I still tried to get Satellite... I told them they couldnt and they gave me a 10 day notice (I dont know about other states but they are required to give 30) I told them that this was by far against the law.. in the lease or not. When dish called to do my install I told them i was tangled in the red tape and my landlord wouldnt allow it. Dish actually said that if I needed they would take care of the legal fees and such ( I dont know if they still offer it ) After the 10 days my landlord showed up (while i was at work) and started to move my things out... I called the sherrif and they came out told my landlord that he couldnt do this on 10 days notice and also couldnt do it without an officer present anyway. My landlord started getting bitchy with the sherrif and ended up with a fine. I called a lawyer friend of mine who agreed to do the case pro bono cause he could get some good publicity over it. We filed suit on the 10 days eviction, my landlors entry to remove personal items, and the eviction due to not wanting to adhere to the federal guidelines. less tahn 2 days after he was served my landlord called me at work and wanted to schedule a meeting with me to "Discuss the Lawsuit" we sat down and discussed ways that I would drop it... He even asked where the Sat could/would be installed... I gave him 4 or 5 different options... and he said something to the extent of "While we dont allow sats still we will give you the waiver and since it wil be pointed away from the entrance and out of sight we dont have a problem with it" I pointed out that if I were to drop the lawsuit then he had to allow sats for all tennants (Really Big Complex) almost a month went by (me paying rent on time and everything) and my lawyer called me and told me taht the landlord wanted to settle and allow only certain people to get sats depending on which direction their building faced. I started getting mad because this landlord just wasnt getting the federal law. But a few weeks later my landlord his lawyer my lawyer and I sat down together (His lawyer was new) his lawyer said that they would be willing to settle and allow all tennants to have sats and would give me a year of free rent. the landlord offered e the free rent to get out of sat. I told them to give my lawer and I a minute... I went and crunched the numbers and discovered that the year of free rent with cable and a year of dish and rent wouldnt save me more than about 2000. this wasnt a great deal since my rent wasnt a problem for me and the cable in our area was not only extremely expensive but the quality was as if someone was injecting snow onto the line. So I got them to agree to let all tenants have Sats and they wouldnt evict me and actually wouldnt treat me badly. The story unfortunately continues.. I let the landlord fill out the permission waver thing and the dish installer came out and mounted it on my deck... didnt drill or anything. I ran the cables (I put them down along the walls and put down something to cover them. The one upstairs I jsut ran through the window (Ghetto but worked) I finally after about 3 months had Dish. The case was dropped and all I thought was well... It turns out that alot of tenants had seen my dish and called the landlord to ask about getting their own... he was telling them no. they started coming to me and asking how i managed it.. I told them and not a one of them wanted to file suit. I gave them each a copy of the FCC ruling and state laws so that they wouldnt be eviced for it... they organized a letter that was sent to the landlord. I signed it at the bottom because it included information about my suit in it. well the sat dishes started popping up all over the complex a few weeks later.. there was an article in the paper about the situation headline read (Landlord Caught by FCC ruling with Deal with local cable company) the cable company was paying him to say no to dish. I found this unbeliveable... guess who the cable company was.... you know the corrupt one... ADELPHIA... all in all this was a sort of rant but you should have gotten out of it that your landlord will face major fines and cant evict you for this....

 

[GaryPen]

That was a great story.