6:07 PM 02/06/2013
We own a 4-unit building and a tenant has a Dish TV satellite dish installed on the roof. I want to make a roofdeck and really don't like the look of the dish up there. Are tenants legally entitled to have the right to use the roof for a dish?
I realize I may get attacked for this post, but it is my building and I'd prefer it not be there-- can I ask her to remove it? And if she doesn't, can I have it done myself?
What do other building owners do?
Unless there's something in the lease that allows it (unusual) tenant has no right to have a satellite dish installed on the roof without prior consent. Tenant would have a right to install in an area where they exclusive use.
Here's some fcc links:
7:47 PM 02/06/2013 | 0 Votes
But what about a space they have already installed it and received consent from prior owner?
Can I ask that they remove it and reinstall it where they have exclusive use?
in this case, their only exclusive space would be inside their apartment.
8:18 PM 02/06/2013 | 0 Votes
"What Kinds of Restrictions Are Prohibited?
Restrictions that prevent or delay installation, maintenance or use of antennas covered by the rule are prohibited. For example, in most cases, requirements to get approval before installing an antenna are prohibited".
11:31 PM 02/06/2013 | -1 Votes
Thanks-- but if you read through all that linked info, it's unclear if this rental situation on non-exclusive area is "covered by the rule", as referred to above.
11:39 PM 02/06/2013 | 0 Votes
They are going to LOVE you.
4:10 AM 02/07/2013 | -1 Votes
"But what about a space they have already installed it and received consent from prior owner?"
Wow. New owner flexes muscle over existing tenant whose installation was made with consent of previous owner. Impressive. Very impressive.
"What do other building owners do?" Other owners, at least the smart ones, value amicable relations with good tenants and don't create conflict just to prove whose boss. Either leave it as is, or come up with a friendly solution that works for both of you.
6:55 AM 02/07/2013 | -1 Votes
I suggest you make the roof deck to code with all the required permits etc. You are going to have one pissy tenant and everyone knows how to call 311 at this point.
You could pay to have cable installed.
7:48 AM 02/07/2013 | 0 Votes
If the previous owner consented to the installation you're better off working out something mutually agreeable regardless of the letter of the law or what the lease says. Assuming they're good tenants, that is. 4 units is presumably not rent regulated so you could choose not to renew the tenant's lease when it ends and remove the dish if you want to avoid living with a pissy tenant in case you can't work something out. You could pay to have cable installed, but that's probably free for the tenant (cable co. wants the business) - ongoing charges for satellite service are generally cheaper than cable.
8:04 AM 02/07/2013 | 1 Votes
From any sensible and ethical person's viewpoint, if a previous L/L has allowed the tenant to do something (legal), it should be honored by new L/L at mimimum until lease expires. And in this case you're objecting to a dish antenna on your roof? Wow, you certainly fall into the landlords-from-hell group.
10:56 AM 02/07/2013 | -2 Votes