Legal Question in Landlord & Tenant Law in California

I manage a number of apartment rental units.. My problem: Direct TV offers low rates and "free" install prompting tenants to invite installation of "dishes" on roof without permission of property management. Direct TV fails to impress tenant that they "Direct TV" will not be responsible for any damages to the landlords property caused by the install, including removal of the dish when tenant vacates the property.. The Landlord is caught in difficult position. I use the california association of realator rental agrement which includes a paragraph about requiring tenants to obtain property owners permission to install a satellite dish. All my tenants sign this and I take time o highlight this info and discuss when doing move in paperwork. Direct TV maintains they do not need landlord approval to install... Direct TV can install on the order of the tenant. The Landlord is left to deal with the tenant and the damages... Is there any recourse for the Landlord against Direct TV or only recourse against tenants??

Thank you for your response


Asked on 5/27/11, 10:19 am

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

You are renting out the apartment unit plus the common use areas, but unless the roof is sufficiently well built for everyday tenant usage [sun deck, etc.] you are not renting the roof out and the tenants do not have the legal right to use it because they can cause damage to it and can injure themselves. So the tenants can not give authority to Direct TV. Write the head of Direct TV that is the situation, the installation causes damage to the roof, it is trespassing, it costs you money to remove the equipment when the tenant moves out, since there was no authority to install it when you remove it you will dispose of it unless they come to pick it up and pay for your labor in removing it, and if they keep on installing the dishes on the roof or outside of the building you will sue in Small Claims Court. if they disagree with your legal position, you invite them to send a legal brief justifying their position. After that letter, you should then be able to sue either the tenant and/or Direct TV. send another notice out to the tenants as to your policy on such activities.

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Answered on 5/27/11, 3:01 pm
Alan Plutzik Bramson, Plutzik, Mahler & Birkhaeuser, LLP

I'm a lawyer. My law firm has brought a class action case against DIRECTV challenging this policy. I would like to talk with you. Please call or email me.

Alan Plutzik

Bramson, Plutzik, Mahler & Birkhaeuser, LLP

2125 Oak Grove Road, Suite 120

Walnut Creek, CA 94596

Telephone: 925/945-0200

email: [email protected]

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Answered on 8/01/11, 2:03 pm


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