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Get the Dish (Directv) and stop complaining


CJPearl2

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Actually Im not wrong. If you litigated the issue you would win. This is how the landlords are getting away with preventing dishes, by saying that the porch/patio is off limits. If it is shared, then maybe. But if in your exclusive control, you can put one on it. When I lived in apartments the landlord gave me the same excuse, but I installed it on my deck anyways and told the complex to try and take it down. I quoted them the federal law, gave them a copy and told them if they tried to take it down I would file an action against them. It also helped that I had just graduated law school and could have defended myself free of charge.

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What if not putting it on the roof or deck is included in your contract?

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Actually Im not wrong. If you litigated the issue you would win. This is how the landlords are getting away with preventing dishes, by saying that the porch/patio is off limits. If it is shared, then maybe. But if in your exclusive control, you can put one on it. When I lived in apartments the landlord gave me the same excuse, but I installed it on my deck anyways and told the complex to try and take it down. I quoted them the federal law, gave them a copy and told them if they tried to take it down I would file an action against them. It also helped that I had just graduated law school and could have defended myself free of charge.

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Well, I am not a law student, so I don't have that luxury. However, someone in my complex did the same thing a few years ago, and had to take it down. Our lease defines what a "common area" is, and as our landlord defines it, it is anyplace that is in view of others, leaving rooftops and porches off limits. I too, looked into it, and found that this wording is pretty much standard in leases in central Texas (where I live). This wording is not there just to prevent satallite dishes, but also to prevent people from hanging laundry on their porch, storing motorcycles, storing junk (you would be surprised at the amounts of crap people try to store on their porch), leaving garbage....there is also wording that prohibits drilling into the building.

 

Who knows, challanging it in court might work, but to me, getting a lawyer is a silly, and expensive, weapon in my battle to watch television. Honestly, I would prefer cable to satalite anyways, the NFL thing is the only reason (admittedly a big reason) I would get satallite, if I could. Like someone else said, in another thread (Pyrite Gal I believe) it seems the happiness with DrecTV and cable may vary from area to area.

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Well, I am not a law student, so I don't have that luxury.  However, someone in my complex did the same thing a few years ago, and had to take it down.  Our lease defines what a "common area" is, and as our landlord defines it, it is anyplace that is in view of others, leaving rooftops and porches off limits.  I too, looked into it, and found that this wording is pretty much standard in leases in central Texas (where I live).  This wording is not there just to prevent satallite dishes, but also to prevent people from hanging laundry on their porch, storing motorcycles, storing junk (you would be surprised at the amounts of crap people try to store on their porch), leaving garbage....there is also wording that prohibits drilling into the building. 

 

Who knows, challanging it in court might work, but to me, getting a lawyer is a silly, and expensive, weapon in my battle to watch television.  Honestly, I would prefer cable to satalite anyways, the NFL thing is the only reason (admittedly a big reason) I would get satallite, if I could.  Like someone else said, in another thread (Pyrite Gal I believe) it seems the happiness with DrecTV and cable may vary from area to area.

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I might be wrong, but i belive federal law supercedes a rental agreement

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The 3 issues I have with cable are:

 

Price goes up every year

 

Even with digitial cable only limited channels are digital. If you have an LCD or HD TV this sucks.

 

Cant get NFL until at least 2010

 

 

Direc TV. I have been paying the same price for 4 years.

 

All stations digital.

 

NFL ticket! (they even gave me NHL season pass free this year to try it out.)

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I might be wrong, but i belive federal law supercedes a rental agreement

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Here it is, for everyone insisting that apartment/condo renters have any real power:

 

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

 

Here is the rub:

 

"The rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners where the antenna user does not have an exclusive use area. Such common areas may include the roof or exterior wall of a multiple dwelling unit. Therefore, restrictions on antennas installed in or on such common areas are enforceable."

 

 

In affect, all the law you are referring to says, an apartment dweller can have a satalite dish, as long as its' placement meets the landlords guidlines. Which, for most, just means, "sure, you can have a dish, as long as it isn't visable to the outside world"...which means it isn't going to work. A buddy of mine, a few years back, moved into a complex (after a divorce) specifically, because they told him he could have DTV. Once he moved in, however, DTV was not allowed to install its equipment anywhere that the satallite could pull in reception.

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The 3 issues I have with cable are:

 

Price goes up every year

 

Even with digitial cable only limited channels are digital. If you have an LCD or HD TV this sucks.

 

Cant get NFL until at least 2010

Direc TV. I have been paying the same price for 4 years.

 

All stations digital.

 

NFL ticket!  (they even gave me NHL season pass free this year to try it out.)

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Best thing about cable (depending where you are) is HD picture quality. DirectTV compresses the hell out of the signal compared to Comcast, that's why I haven't switched. I'm happy to watch the Bills games at a sports bar. :devil:
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Like I said in the other thread, we are in an apartment complex with no balcony or patio.  On top of that, we are on the NORTH side!!!!  So we can't get a view of the southern sky. 

 

Other people may be able to do this.  and I encourage them to.  TIME WARNER IS NOTHING MORE THAT A GREEDY MONOPOLY THAT WILL CONTINUE TO SCREW IT'S CUSTOMERS AS LONG AS THEY CAN!

 

SCREW TIME WARNER!

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Put a dish on the roof and drill a hole thru the ceiling to run the cable thru ! Or put a dish on a neighboring biulding and string the cable thru a window. Or move to a new place ! Long live Direct TV !

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Here it is, for everyone insisting that apartment/condo renters have any real power:

 

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

 

Here is the rub:

 

"The rule does not apply to common areas that are owned by a landlord, a community association, or jointly by condominium or cooperative owners where the antenna user does not have an exclusive use area. Such common areas may include the roof or exterior wall of a multiple dwelling unit. Therefore, restrictions on antennas installed in or on such common areas are enforceable."

In affect, all the law you are referring to says, an apartment dweller can have a satalite dish, as long as its' placement meets the landlords guidlines. Which, for most, just means, "sure, you can have a dish, as long as it isn't visable to the outside world"...which means it isn't going to work. A buddy of mine, a few years back, moved into a complex (after a divorce) specifically, because they told him he could have DTV. Once he moved in, however, DTV was not allowed to install its equipment anywhere that the satallite could pull in reception.

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There is no rub here. This is very clear. If your apartment or condo has an "exclusive use are" (i.e. deck, porch, balcony, etc.) you can place the dish there. You cannot place the dish in a common area (i.e. roof, walkways, etc.). The apartment can choose to have a common dish, shared by all tenents if they choose.

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There is no rub here.  This is very clear.  If your apartment or condo has an "exclusive use are" (i.e. deck, porch, balcony, etc.) you can place the dish there.  You cannot place the dish in a common area (i.e. roof, walkways, etc.).  The apartment can choose to have a common dish, shared by all tenents if they choose.

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Except that the ruling also allows the property owner to define what a "common area" is. In the case where I live (and I have checked, this is standard for rental agreements where I live) the porch is considered a "common area" because it can be seen by other tennants. We can't even keep a bike (motor or bi) locked up on our porch.

 

As for a common dish to be shared, not a chance here. My complex provides free Time Warner cable, as many in the area do.

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I'm happy to watch the Bills games at a sports bar. :devil:

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On that, I completely agree....I love going to a sports bar to watch the games...and would still do that, even if I had DirecTV.

 

I would love to be able to record the games every week, and go back and watch during the week...I am a geek! This past weeks Texans game was the first Bills game televised locally. I went to the game, but I burned it too, and have watched bits and pieces of it every day since. Yesterday, as the Lions/Dolphins game was turning into a snoozer, I popped the Bills/Texans game on, and watched most of the second half again...a good game never gets old!

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Except that the ruling also allows the property owner to define what a "common area" is.  In the case where I live (and I have checked, this is standard for rental agreements where I live) the porch is considered a "common area" because it can be seen by other tennants.  We can't even keep a bike (motor or bi) locked up on our porch.

What if not putting it on the roof or deck is included in your contract?

 

You are technically right, but in essence, wrong on this issue.  The ruling states that an apartment cannot prohibit a tenant from having a satalite dish, but the placement of the dish has to be compliant with the landlords definition of "common areas".

 

The ruling does not allow the landlord to define exclusive use -- an exclusive use area is defined as any area that is yours and nobody else has a right to use. Patio, balcony, front stoop, etc. A landlord can put wording in a lease saying something like "patios are not exclusive use," but it doesn't matter and a simple call to the FCC is all it'll take to get a dish in a case like that (there's an 800 number to call to get help on it). They can stop you from putting a grill on your patio, but not a dish. Sorry, but federal law overrules local leases.

 

Most landlords also put a clause in the lease that says, "We can come into your apartment at any time for any reason." Well (in Minnesota at least) that's an unenforcable clause and the landlord can be sued for $50/occurance. Just because it's in a contract/lease, doesn't mean it's the law. I know, I had to sue my landlord and I brought that up during the trial.

 

Now the landlord CAN stop you from permenantly mounting the dish and from drilling holes into the house. But the way around that is to put a pole in a bucket of cement and attach the dish to the pole. There's also a clamp that be used to attach to a deck.

 

This law came about because cable companies were giving kickbacks to landlords to force apartment people to sign up with cable. Most likely there's something similar going on with the "Free Time Warner" deals in the apartments.

CW

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Broncos-Chiefs Thanksgiving Night wasn't on CBS, it was on the NFL Network HD channel. :lol:

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I thought you were talking about the Bills game on Sunday, sorry :w00t: (that's what I get for not reading the thread until today :angry: )

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I have Roadrunner, and don't want to give that up, so I pay for cable TV.

Would it be cheaper to switch to DirecTV and still keep Roadrunner?

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IN WNY, the stand alone price for broadband is about $45. You can also look at DSL as an option. My personal favorite option would be to set up a wireless network with a neigbor and share the connection.

 

Direct TV was at my house yesterday and can't get a line of site. A supervisor is supposed to be checking this out in a day or two. Does anyone think that I might have better luck with Dish?

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The ruling does not allow the landlord to define exclusive use -- an exclusive use area is defined as any area that is yours and nobody else has a right to use.  Patio, balcony, front stoop, etc.  A landlord can put wording in a lease saying something like "patios are not exclusive use," but it doesn't matter and a simple call to the FCC is all it'll take to get a dish in a case like that (there's an 800 number to call to get help on it).  They can stop you from putting a grill on your patio, but not a dish.  Sorry, but federal law overrules local leases.

 

Most landlords also put a clause in the lease that says, "We can come into your apartment at any time for any reason."  Well (in Minnesota at least) that's an unenforcable clause and the landlord can be sued for $50/occurance.  Just because it's in a contract/lease, doesn't mean it's the law.  I know, I had to sue my landlord and I brought that up during the trial.

 

Now the landlord CAN stop you from permenantly mounting the dish and from drilling holes into the house.  But the way around that is to put a pole in a bucket of cement and attach the dish to the pole.  There's also a clamp that be used to attach to a deck.

 

This law came about because cable companies were giving kickbacks to landlords to force apartment people to sign up with cable.  Most likely there's something similar going on with the "Free Time Warner" deals in the apartments.

CW

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Interesting Fezmid. It helps little for my current situation, but I expect to be in apartments at least two more years. This is some good info.

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Direct TV was at my house yesterday and can't get a line of site. A supervisor is supposed to be checking this out in a day or two. Does anyone think that I might have better luck with Dish?

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They both point to (roughly) the same place.

 

I say it all the time, but I'd be *shocked* if you couldn't get line of sight. Most installres are just lazy and don't want to find a good place to put it. Nervous Guy is a perfect example - he had a few installers come out and say he couldn't get a signal. They never actually went on the roof to check or anything. After convincing him to call them and insist on testing, someone came out and he's had DirecTV ever since.

 

They should be up on the roof with a signal tester to see if they can get a signal, not just eyeballing it. If you walk around my neighborhood, there's several houses that have a dish that looks like it's pointing at the roof, but they obviously are getting a signal. I should take a picture one of these days to post here.

CW

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They both point to (roughly) the same place.

Most installres are just lazy...

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With all the DirecTV love, I think this is important to point out. I'm completely happy with DirecTV; however, their installers completely suck balls. I thought it was just the guys that came to my house; but apparently not. If you care anything about the appearance of your home's exterior; I'd strongly suggest you do the installation yourself. Just let the guy mount the dish and point it; but run the cables (inside and out) yourself and set up your receiver.

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