Forced satellite removal by landlord

Straybeat

Straybeat

Thread Starter
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Sep 4, 2007
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If they say to take it down, then take it down. Better than getting kicked out.

Are you not familiar with U.S. law? If they kicked her out for that, she could probably own the complex by the time she was done with them in court?
 
F

FireFighterHill

Active SatelliteGuys Member
Jun 24, 2012
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Groveland Florida
Maybe they are just now being hyper vigilante on rules that are in the lease that just have not been enforced up till now. Id get ahold of the lease and read through it.
 
demsd

demsd

SatelliteGuys Guru
Oct 10, 2010
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USA
As far as I can see what the landlord did was legal.

If she has her own private area such as a porch then she could put the dish in a bucket as link as it does not overhang the porch railing.

Sounds like a good idea really. Cement a metal fence post into a bucket and attach it to the post. It would be portable too! ;)
 
dangue

dangue

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Sounds like the Dish is on the railing and overhanging a common area, so OTARD does not apply.
 
Straybeat

Straybeat

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Sounds like the Dish is on the railing and overhanging a common area, so OTARD does not apply.

She's on the second floor, with a tree right next to the dish. You'd have to walk on to the neighbor's patio downstairs and look up into the tree to even see her dish as it's mostly hidden from direct view. The fact is that it's one of those landlords who think dishes are ugly and don't want them on their property, laws be damned. The old owners made her get renters insurance and forbade her from drilling holes in the wall to run the cable. Also illegal I believe?

What about the dishes they just arbitrarily took off the roof? OTARD specifically says that if it's the only place the person can get a signal, then that's where it goes. The complex doesn't have space for a dish farm, so that's pretty much out of the question too.
 
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Beavis

Beavis

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Jan 13, 2005
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The dish must be wholly inside the exclusive use area. If the dish is on a non-pen or a bucket filled with cement and the mast is in the exclusive use area but the reflector or LNB arm extends past your patio, then OTARD doesn't apply. Given that she's on a balcony, I don't know if they dictate the air over the balcony common area. If there's any part of the dish that isn't totally inside the balcony then they may have a case.
 
Tampa8

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Some of you are making an assumption - that the lease allowed what the new owners are saying has to stop. Very possible/probable they had the leases very closely checked over and they want removed what is not allowed in the lease. I also I think if I'm reading correctly some are still under the impression they have to let you have a Dish somewhere you can get a signal. They do not, they have to allow it on your owned/leased area, not a common area.
 
Beavis

Beavis

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Jan 13, 2005
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OTARD doesn't work like that with apartment complexes I don't think. They can say absolutely no roof mounted dishes and nothing can be done about it, IIRC.
 
Beavis

Beavis

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Jan 13, 2005
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Maybe this is a case of the old management allowing some bending of the rules, now that the new management/owner is here they seem like the bad guy, even if all they're enforcing is the current lease agreement.
 
Straybeat

Straybeat

Thread Starter
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Sep 4, 2007
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The dish must be wholly inside the exclusive use area. If the dish is on a non-pen or a bucket filled with cement and the mast is in the exclusive use area but the reflector or LNB arm extends past your patio, then OTARD doesn't apply. Given that she's on a balcony, I don't know if they dictate the air over the balcony common area. If there's any part of the dish that isn't totally inside the balcony then they may have a case.

Yes, but once again, I'm talking about an arbitrary notice given to ALL dish owners (and tenants in general) to take them down or they'll be removed. Period! Quit niggling at the details.
 
cave1376

cave1376

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Mar 25, 2010
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I bet some of the tenants will be mad because they are under contract and will have to pay an etf.

A landlord CAN NOT make a tenant get renters insurance, gas, water, electricity, phone, internet or cable tv.
 
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Least

Least

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My one question. Is it in writing from the previous owners that Satellite Dishes were allowed where she has her's? If so, show the landloard. As far as I know, the new owners need to honor previous agreements that were part of a contract. Verbal agreements won't hold up.
 
cave1376

cave1376

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Mar 25, 2010
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Hells waiting room (El Paso,TX)
? If a new landlord comes in and makes the tenants sign new lease agreements, can the tenants who disagree with the new lease agreement move and not have to pay a fee/fine because they have not fulfilled the previous landlords lease.

In another words, if I (tenant) was 6 months into my one year lease with the old landlord when the new landlord came in, can I move to a new location because I don't agree with the new landlords lease terms (no satellite, having to get renters insurance or other reasons) and not pay a fee/fine for not living out my original one year lease?
 
Claude Greiner

Claude Greiner

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I'm not a lawyer, but...

If they HAVE a lease, then the terms of that lease should stand until its expiration. The lease should provide all of the terms that both parties should respect. Just because someone purchased the property neither party has the liberty of changing any terms. A local attorney could give you guidance.

Maybe they should be shopping around for their next apartment.

Your actually correct. Unless the lease specifically prohibits Dishes in common areas, the existing tenants who have Dishes in common areas are grandfathered as they where not asked to take it down when the Dish was origionally installed.

The proper way to handel this is on a case by case basis as tenants leases come up for renewal. The landlord simply does not renew the lease until the Dish is removed.

As for the month to month tenants, they have 30 days to remove the Dish or move.
 
Claude Greiner

Claude Greiner

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If they say to take it down, then take it down. Better than getting kicked out.

That right there is why landlords get away with bullying their tenants when it comes to getting a satellite Dish. People these days don't want to challenge their landlord, and actually think they can get kicked out of their place, even if the Dish was in their exclusive private area.

I had a customer last week on this board that I helped get satellite in his apartment, on his balcany in an exclusive area.

The apartment complex made this customer get additional insurance, and made me show the home owners association as additional insured on my liability insurance policy.

I go through all the hoops to get everything they ask for, and purposely at 5:30PM the day before the installation, the lady from the HOA board calls me and asks for a copy of my workmans compansation policy to try to force me to reschedule the installation saying my installer will not be allowed to install the Dish without showing them the policy.

I had sent the info to them a week ago, WTF do you call me the last minute and ask for something else.

Too late to call my insurance broker to have a copy of my policy faxed over, so I tell our installer to just go and get the job done and DO NOT stop by the HOA office.

So the install goes in, and at 12:30 I get a call from the B***H at the HOA office telling me that she still has not gotten my workmans compansation policy. I kindly replied and said that the install was already done, and nobody got hurt installing the Dish, so its really not necessary to waste my time sending it in. Have a nice day :)
 
Tampa8

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Yes, but once again, I'm talking about an arbitrary notice given to ALL dish owners (and tenants in general) to take them down or they'll be removed. Period! Quit niggling at the details.

It's not arbitrary unless you are saying the lease (current as you say it still stands) allows for it. They are enforcing an agreement. If the past owner allowed it outside the lease, even if there is written permission the new owner may not be obliged to also allow it. The new owner revoking the use would be considered the same as if the old owner did so. Unless there is a date given when the use ends, it's not in perpetuity, if the use can be allowed by the owner outside a lease, it can be ended by the owner outside the lease. Generally when someone is given permission to do something outside a lease, they do so at their own risk as to what they spend to do so. It is possible if the tenants went to court they could get an injunction, and a Judge could determine it has to be allowed till the lease ends.
The problem you are going to have with getting an ETF paid by the new owner, it could have be avoided, could have had the pay as you go plan. Also, if the ETF would have gone past a new lease you might have had to pay it in any case.
 
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S

sam_gordon

SatelliteGuys Pro
May 21, 2009
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Lexington, ky
Yes, but once again, I'm talking about an arbitrary notice given to ALL dish owners (and tenants in general) to take them down or they'll be removed. Period! Quit niggling at the details.
The details are needed. The details tell you whether the new owners can do what they're trying to do.
 
S

Styler1

On Vacation
Dec 31, 2004
118
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Problem is in some areas apartments are becoming scarce and basically landlords don't care. They could easily have a new tenant move in with no dish. They have some people by the you know whats!!
 

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