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Direct TV ?

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Direct TV ?

Postby eldorado36 » Sat Oct 19, 2002 12:36 am

I'm in a dispute with my landlord over a Direct TV satellite dish. He is telling me I have to take it down in 2 weeks or he will remove it himself and bill me for the removal, because its against "the rules". In my lease it mentions nothing about Direct TV restrictions or satellite dish installation, they also never gave me any notice about a change in rules when they purchased the building a little over a year ago. The old owners told me I could install a DTV system if I wanted to, also. And on top of all that, someone else in the building has a system too! The only real beef he can have is that I put it on the roof, which could be resolved by him asking me to move it.

So my question to you, if you know if I have a legal right to keep my dish and stop him from touching it, and what form of action I can take? Can I have a lawyer call him and let him know I am aware of my rights as a tenant and not some idiot of the street who can be told to take it down or else, like I'm a child? I just figured I ask your advice on what type of move I can make.
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Re: Direct TV ?

Postby lappert » Sat Oct 19, 2002 2:43 am

It's rather simple. You don't rent the roof. Your lease is for your apartment, not the common areas of the building. Courts have even held tenants don't rent the space outside their windows, which is why air conditioners sometimes must not extend past the window line (although the often do - then in some cases LLs can charge extra). Unless you can show the old owner's agreement allowing you to put the system up became a part of the lease agreement, he may have a right to remove it, or if this became a required service under rent stabilization (but that seems unlikely these days). You might do well to research ancient cases when tenants first put antennas on buildings for TV reception. There are rules relating to rights to cable TV, but this might be different. If the dish small enough that you could hang it out your window?

On the other hand, he would need to go to civil court to collect any removal charge. (but it makes sense to not allow him to remove it as he would probably destroy it in the process).
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Re: Direct TV ?

Postby eldorado36 » Sat Oct 19, 2002 1:15 pm

Everything you said makes sense but my main beef is the fact that someone else has a dish attatched to the building! He claims to have sent letters to everyone but I ask my neighbors and they never recieved letters asking them to remove the dish.

I cannot hang it out my window because my window does not face the right direction, but its possible that I can put it on a stand on my terrace. Do I have the right to put it on my terrace, since it would not be attatched to the building in anyway?
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Re: Direct TV ?

Postby MikeW » Mon Oct 21, 2002 10:31 am

Why not try offering the LL a few bucks a month to get the tiny amount of roof rights you need to mount the antenna.
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Re: Direct TV ?

Postby eldorado36 » Tue Oct 22, 2002 1:14 am

thanks for your advice.. i offered to pay him extra to let me keep the dish on the roof, i was sadly denied.

I just want to make sure I have legal right to put it on the terrace without any problems. Because I'm pretty sure he just doesnt want ME to have it. But as long as I have the right to do it on my terrace, then I will do it. So I do have that right then, correct? (I figure I need a 10 foot pole to mount it on.)
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Re: Direct TV ?

Postby Phil Cohen » Thu Oct 24, 2002 3:24 pm

I think you have an arguable case that the previous LL gave you permission (though proving it may be difficult). If rent-stabilized, you could assert it is a required service.

When he says "rules," what rules are that? Most rules and regulations talk about antennas, and this is not an antenna--it is a dish.

Only one big caveat here--if this is a non-stabilized apartment you really have no rights, and fighting can endanger your lease, if you wish to keep it.
Keep in mind that I am a tenant. Not a lawyer!!!!!
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