Dish-landlord-legal questions

Sorry, but I would think the phrase "return property in the condition it was" would cover the dish and she would have a legal leg to stand on But also saying the next tenant might want a dish and please leave it to that and if the tennant does not want it, then take it.

Except he said the landlord did sign the consent forms. If these are anything like I've signed in the past (I'm an evil landlord too), I suspect these forms essentially sign away the dish and cabling to the landlord, and release the satellite company from any responsibility.

Unless the consent forms specified that the subscriber would pay a removal fee, I would say the landlord is SOL.
 
Most sat dish are left somewhere outside the house whether the house is for rent or not. I see a bunch of Direct TV, Dish Network sat dishes and some houses even have 4 dishes seen outside the house. It will be nice for a different provider to remove the old dishes before putting in a new one. But, who will spend time doing this...
 
Most sat dish are left somewhere outside the house whether the house is for rent or not. I see a bunch of Direct TV, Dish Network sat dishes and some houses even have 4 dishes seen outside the house. It will be nice for a different provider to remove the old dishes before putting in a new one. But, who will spend time doing this...

problem is would any customer be willing to pay for the removal? techs are barely making ends meet trying to install their system, much less do free labor. and if dish did pay techs to come out and remove other companies dishes or remove dishes at no cost like the situation of this post, dont cry when your bill increases
 
Most sat dish are left somewhere outside the house whether the house is for rent or not. I see a bunch of Direct TV, Dish Network sat dishes and some houses even have 4 dishes seen outside the house. It will be nice for a different provider to remove the old dishes before putting in a new one. But, who will spend time doing this...

I have has only 1 landlord scream and rant until I removed the dish from her rental in over 5 years. When I install a dish on a house and there are other dishes already there I ask the customer if they would like them removed. Most say yes.
 
It all depends on state laws, so I would advise checking with a local housing agency. In California, if they signed the paperwork for authorizing the installation of permenant equipment, their stuck with it. Taking the dish off the roof will leaves holes in the roof, and removing the cables will leave holes in the walls. If you are not contractor, don't take on this project, you can cause lots of damage to the house and yourself. I installed dishes several years back, and removing systems creates a lot of damage and unless the landlord put it in writing that you had to remove everything, she agreed to the dish and the wires, so let her mess with it, if she wants it out, she can pay to remove it.

Frankly it shouldn't matter, I wouldn't decide against renting a home because a dish was on it if I was a cable customer, it actually makes her property more marketable by being satellite ready, if there is a dish, obviosly no need for permission. But check with local experts on the tenant landlord rules, and most likely you can tell her you agreed, now you get to deal with it, I'm out of here
 
update

I came to an agreement with the landlord which seems to work out for the best. Fighting over dish removal was taking up way too much time and paying her to have someone remove them seems ridiculous. The agreement we came to was that I would remove the dishes and wiring and fill all holes with wood putty as she wanted. I actually did this today and although it was a real pain its done. Now she has one week from now until my move out date to inspect my work and make sure it meets her specifications. Assuming it looks good to her then as of my move out date she becomes liable for the work done. Basically, I don't want her trying to come after me 5 years down the road saying I filled the holes with wood putty wrong which lead to damage or something. Anyways I got this all in professional writing and she signed it. I am hoping this makes her happy, solves the problem, and protects me from future liability. Thanks for all the advice!

-Justin
 
Of course the next tenant doesn't have a chance in Hell of getting a dish installed when THEY move in now. :(

I believe that the FCC offers consumer protection in these cases by way of the OTARD rule. h t t p colon backslash backslash www dot fcc dot gov backslash mb backslash facts backslash otard dot html



 
I believe that the FCC offers consumer protection in these cases by way of the OTARD rule. h t t p colon backslash backslash www dot fcc dot gov backslash mb backslash facts backslash otard dot html




And nothing in the OTARD rule prevents landlords from prohibiting drilling through exterior walls, or mounting dishes on non-exclusive use areas.

OTARD is a useful tool when dealing with landlords, and especially useful when dealing with HOA's, but it is not the end all, be all that some people think it is.
 
Too bad it's already worked out, cause I actually found something in my lease (and that I'm pretty sure has been in any lease I have ever signed) that might have helped. It deals with improvements to the property. My lease basically states that I can make improvements to the property with LL permission, however those improvements must remain in place when I move out. I have lost probably 4 ceiling fans when moving due to these clauses. The dish was an improvement to the property approved by her, therefore if that's in your lease, you would have been required by contract to leave it there, and her asking you to remove it would be asking you to violate your contract :) Ohh well too late now.
 
And nothing in the OTARD rule prevents landlords from prohibiting drilling through exterior walls, or mounting dishes on non-exclusive use areas.

OTARD is a useful tool when dealing with landlords, and especially useful when dealing with HOA's, but it is not the end all, be all that some people think it is.
In this case, it's a house, so everything is "exclusive".
All the next tenant would need to do is use a non-penetrating mount. And have the cable come in a preexisting hole (Especially easy if the house has been wired for Cable TV).
 
And nothing in the OTARD rule prevents landlords from prohibiting drilling through exterior walls, or mounting dishes on non-exclusive use areas.
Really? What about this...
A restriction necessary to prevent damage to leased property may be reasonable. For example, tenants could be prohibited from drilling holes through exterior walls or through the roof.

OTARD is a useful tool when dealing with landlords, and especially useful when dealing with HOA's, but it is not the end all, be all that some people think it is.
When you look at this...
Effective January 22, 1999, renters may install antennas within their leasehold, which means inside the dwelling or on outdoor areas that are part of the tenant's leased space and which are under the exclusive use or control of the tenant. Typically, for apartments, these areas include balconies, balcony railings, and terraces. For rented single family homes or manufactured homes which sit on rented property, these areas include the home itself and patios, yards, gardens or other similar areas.
I read it as landlords CAN prevent someone from putting an antenna on the roof or side of the house.
 
I've been enjoying this string. I AM a landlord, and I am dealing with Tenant A, who's leaving soon, he's got his panties in a knot :rant:because he wants to know why he's got to pay for the dish removal and roof repair when one of the other tenants (B?) before him didn't have to. B just up and left and never told me about the dish up there. Hmmm, well, now I have TWO sets of nails in my roof (which we'll get to in a sec). And, NO ONE asked my permission to put nails in my roof, so that's sounding something like FRAUD (which we'll also get to), so Panties-in-a-knot A is a little freaked out right now, because WE HAVE A LEAK WE CAN'T IDENTIFY. :eek:

I am not evil and I am not trying to hose anyone out of their security deposit. I'd rather be sleeping than Googling the subject so I know how to handle things next time. But if you've ever owned a house (or anything with a roof), and one day there's something leaking over the kitchen ("But there's nothing OVER the kitchen!"), you quickly learn that water finds it own way and DESTROYS everything in it's path eventually. Or causes buckling. Or mold, or some other indirect subsequent damage that NO ONE, especially the dish companies, wants to step up to. And I'm more than unhappy because the dish companies didn't ask for a bona fide signature from me to put nails in my roof.

AND I haven't seen any tenants running to repair the roof (with a warranty!!) and paint the house where the cables ran. Or will come back 6 mos later to fix the drywall because that little umbrella THEY HAD TO HAVE blew off and caused a leak that bypassed the third floor but settled happily into the kitchen ceiling (do I sound jaded?). The very least a tenant can do is agree to set things back to the way they were when they moved in.

So yes, I've joined the ranks of landlords that will gladly pay for that first month of cable rather than put another cocktail umbrella on my roof again. Oh good, I own the abondoned one? Maybe it will make a good planter in the front yard. ;) And, the dish companies clearly have no problem leaving those little boogers all over the country like space trash. AND NO THEY DON'T ADD VALUE TO THE REAL ESTATE for a quality tenant. (Try a washer/dryer in the bathroom next time, or a garbage disposal in the sink...)

I already know how my new leases will look, and having lived through it, there won't be places where I won't be protected next time. Stuff regarding dishes will be clearly outlined. Or maybe folks'll get the message from the flower planters in the front...
 
I know you have resolved this, but I think the following info will help in future situations, and you can learn if she can come after you when you move out.

While Federal law directly addresses and regulates the right to install a DBS system, I am unaware of anything in Federal law that addressed the responsibility of the removal of a DBS dish from a house that is rented. The is a rental matter, and what your rights are depends upon which state you are in or what the rental laws are in your city . The state or municipal laws will determine this matter. Many states have laws that heavily favor the renter, including situations like yours. She did knowingly allow you the installation, and there is paperwork to prove this. In most states, I believe that makes its removal HER PROBLEM, not yours. I feel comfortable in saying that a properly installed DBS system does not constitute "damage" to the property for which you can be held liable because she had given you written permission and she was present at the time of installation. If you had installed it without her permission, then she would have every moral right for you to remove it at your expense. Although, I wouldn't be surprised if some cities or states side with the renter even if you did not obtain her permission.

However, if your city has a "rent board" or other such city agency, go to them and seek their advice, They will tell you who's problem it is, and if the landlord is wrong, with your permission, they will take action (usually in the form of a letting citing the law and informing the landlord that they cannot make you pay for it), and you do and say nothing to her in regards to this matter. The agency will be your advocate and you must not make matters worse. You will be protected by law from any further action by her because if she attempts in any way to extract money from you that is not meritorious, that is considered retaliation for reporting her (directly prohibited in many cities that have rent boards), and said govt. agency can take further action against her. If you don't have a municipal agency, check with your county government, and if none, finally, your state government office.

To keep things smooth and not get her angry and to deny her the opportunity to get money from you in some other way, tell her that you need it in writing that she has required you to remove the system, (don't tell her the reason for this is so she can't have a meritorious claim that you damaged the roof without her permission. Oh, yes, if there is damage from the UNinstallaion, she will LIE and say she never told you to remove the dish. I know a lot of landlords and building owners, they lie just as much as the renter lie.), and you could pay for the removal, and once you are out of the house, then report her, and if she was in the wrong, you WILL get a check from her in the full amount that you paid because she will be directed to do so by the agency, and even her own attorney will advise her to just get over it and write the check.

Also, try a free legal clinic. They can direct you and even give you a letter to mail to the landlord. Or, if you know anybody in your extended family or circle of friends who is an attorney, seek their free (yes, some attorneys really do help out some people they know with simple advice or even a letter) advice and, if they advise you she is wrong, some are willing to send a letter to the landlord stating your position. Believe me nothing gets greedy, intimidating people and companies off your back like a letter with a law firm's letterhead. And the government sending them a letter telling to said greedy, intimidating party that they are in violation of the law will often get you a letter of apology (and a check if required) mucho pronto from the said landlord, no matter how insincere the true sentiments may be.

Try the government route, then free legal clinic or someone you know or you know who knows an attorney. But don't expect the private attorney to do more than the letter. After that they do want money.

No, I can't say for other states, but I do know that in California, any of the cabling that is in the house belongs to the "OWNER" of the house; it becomes their property. It is not the renter's to take.

Please, all the best of luck to you. Let us know how it turns-out. You are morally in the right, and I do believe most states would also say that you are legally correct and the landlord is wrong. I can tell you that I know several who have had to go the rental boards here for a variety of reasons and have prevailed. One person I know was intimidated out of over $300, until the agency set the owners straight and the money returned to the renter. Many landlords believe they are in the right and are shockingly ignorant of municipal and state laws governing renter's rights or other laws regarding renting houses.
 
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This landlord allows all of my tenants to have dish, but they can't put it on the roof, period, or on my brick wall. And when they leave, if the dish is on a pole in the yard, I ask that they leave it for the next person.

I prefer a pole in the yard over a 5 gallon bucket filled with concrete:mad:
 
Too bad it's already worked out, cause I actually found something in my lease (and that I'm pretty sure has been in any lease I have ever signed) that might have helped. It deals with improvements to the property. My lease basically states that I can make improvements to the property with LL permission, however those improvements must remain in place when I move out. I have lost probably 4 ceiling fans when moving due to these clauses. The dish was an improvement to the property approved by her, therefore if that's in your lease, you would have been required by contract to leave it there, and her asking you to remove it would be asking you to violate your contract :) Ohh well too late now.
Yep, I helped out the landlord because he wanted a slimline installed and I got one for him when I moved in. Also added cable and D* option to a bedroom which he was okay with as well. No worries for me as I have improved this house :)
 

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