When I called the manager of the apartment complex to let her know I was getting a dish, she said it wasn't allowed and hung up the phone on me while I was explaining there was a federal law that says she can't refuse tenants cable. I'm nervous about dealing with her again because she is the type of person who would try to have me evicted, or keep my deposit even though there is no damage to my apt. I would like to get her in trouble. Can she be fined for refusing me cable?
2007-11-29 07:46:58 · 8 answers · asked by shadowboxer78 2 in Politics & Government ➔ Law & Ethics
Does she own the complex/building? If not, go to the owner and inquire.
As for you just wanting to get her in trouble, don't do that honey. You're only lowering yourself to her level. Just because she was hateful to you, don't replay it.
2007-11-29 07:54:49 · answer #1 · answered by Phurface 6 · 1⤊ 1⤋
I have had dish since 2005 at my complex with written permission, but now with a new owner they want me to remove it. It is on the roof on a skid held on with 80 lbs of weight. They say the permission doesn't matter now. Really Sucks That I had upgraded to HD 6 months ago so Now I'm under a 2 year contract meaning I'll have to Pay a $200 fine for early cancellation of the programming. But even the FCC rules can't help me now.
2015-01-09 06:51:03 · answer #2 · answered by tap_rat 1 · 0⤊ 0⤋
Unfortunately there is not much that you are going to be able to do. FCC regulations also cover where it is acceptable to put the dish as I am pasting below:
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.
Q: Does the rule apply to condominiums or apartment buildings if the antenna is installed so that it hangs over or protrudes beyond the balcony railing or patio wall?
A: No. The rule does not prohibit restrictions on antennas installed beyond the balcony or patio of a condominium or apartment unit if such installation is in, on, or over a common area. An antenna that extends out beyond the balcony or patio is usually considered to be in a common area that is not within the scope of the rule. Therefore, the rule does not apply to a condominium or rental apartment unit unless the antenna is installed wholly within the exclusive use area, such as the balcony or patio.
Q: Does the fact that management or the association has the right to enter these areas mean that the resident does not have exclusive use?
A: No. The fact that the building management or the association may enter an area for the purpose of inspection and/or repair does not mean that the resident does not have exclusive use of that area. Likewise, if the landlord or association regulates other uses of the exclusive use area (e.g., banning grills on balconies), that does not affect the viewer's rights under the Commission's rule. This rule permits persons to install antennas on property over which the person has either exclusive use or exclusive control. Note, too, that nothing in this rule changes the landlord's or association's right to regulate use of exclusive use areas for other purposes. For example, if the lease prohibits antennas and flags on balconies, only the prohibition of antennas is eliminated by this rule; flags would still be prohibited.
So if you can put the dish on your property - such as a balcony then you can not have it. If you have to mount it to the building or put it in the bushes to get a signal, you can not have it.
2007-11-29 08:00:44 · answer #3 · answered by aitkenpatty 4 · 0⤊ 1⤋
First off, carefully read the law and make sure that you are not excluded for some reason. Here is a link to the FCC page about the law.
http://www.fcc.gov/mb/facts/otard.html
On that page, there is a phone number to call,(888) CALLFCC (888-225-5322), if someone is illegally preventing you from getting the dish. Like I said, make sure that there is nothing to exclude you from the law and then call that number. Also, talk to the company providing the satelite. They might be able to get something done.
In any event, you are going to make an enemy out of your landlord. You might want to start looking for a new place to live and go ahead and kiss your deposit goodbye. She will find a reason to keep it even if she has to trash the apartment herself after you leave.
2007-11-29 07:55:23 · answer #4 · answered by A.Mercer 7 · 2⤊ 2⤋
Your landlord can restrict you from mounting things to the structure. However, I have seen people that have a patio that faces the necessary direction mount the dish to something (a table or some type of stand) that then sits on the patio. Since it isn't mounted to the structure, there's no need to ask permission. It may be cumbersome, but at least you'll have your dish. Your installer might have ideas on alternatives to mounting it as well.
You may also want to consider moving as soon as you are able. I have doubts that this landlord will be of much assistance if something in the apt needs repairs.
2007-11-29 07:58:37 · answer #5 · answered by Robert S 4 · 2⤊ 2⤋
cable isnt a problem, but satelite dishes can be for a person who is renting an apt because satelite provider has to install the dish on her property....its just like, you would have to get her permission if you wanted to upgrade the kitchen. im sorry, but she has a right to refuse the satelite dish.
2007-11-29 07:54:04 · answer #6 · answered by datchik 4 · 4⤊ 0⤋
It all depends on your lease. Some apartments do not allow tenants to mount items outside their apartment even if they are located on a deck. If you lease states you can have them, then you have every legal right to persue it, but if your lease doesn't say anything you can't do anything.
2007-11-29 07:51:58 · answer #7 · answered by thegurlupstairs 2 · 4⤊ 0⤋
She can refuse to allow you to mount a satellite dish to your apartment building.
2007-11-29 07:50:21 · answer #8 · answered by czekoskwigel 5 · 3⤊ 0⤋