Under WA state landlord tenant law can a cable company install t.v. dish without landlord's permission

Can the new tentant run the show?: I have a contract with all my tentants in my apartment building that says no dish may be instahled.A tenant moved in on the 1st and instahled a dish that day. I posted a note on his door immediately saying he was in violation of his contract. He called and said he would not take it down. I contacted the cable company to have it removed, They stated that it now belongs to the tentant. I issued a 3day notice to comply, he has not ccomplied. He signed a 6 month lease. Can I take down the dish, give him notice, My current tenants are upset. Can the cable company instahl a dish without my permission. I am looking for a solution other than a "unlawful detainer". - Is this your question? Add additional information
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Answers (2)

Thuong-Tri Nguyen

Thuong-Tri Nguyen

Contributor Level 9
Your contract cannot preempt federal laws and rules.

You can read the information sheet provided by the Federal Communications Commission to see if your situation falls under FCC's control. The information sheet isat: http://www.fcc.gov/mb/facts/otard.html .

From the sheet, "Effective January 22, 1999, the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio."

If you are prohibited by the FCC's rules from preventing your tenant from installing his dish, you would not win your unlawful detainer action.

You can review your specific facts and options with an attorney.
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Travis Scott Eller

Travis Scott Eller

Contributor Level 5
You cannot enforce a blanket prohibition on satellite TV.

I give lectures to landlords, property managers, and other attorneys. Below I copied and pasted a slide from one of my power point presentations.

Satellite TV

FCC regulations prohibit restrictions that impair the installation, maintenance, or use of antennas used to receive programming or the internet.

- Applies to satellite dishes less than one meter.
- Applies to areas within the tenant’s exclusive control
- Allows restrictions for bona fide safety or historic preservation

The landlord can require professional installation and (probably) prohibit drilling through exterior walls

The landlord cannot:
- Unreasonably delay or prevent installation, maintenance or use
- Unreasonably increase the cost of installation, maintenance or use
- Preclude reception of an acceptable quality signal

There is no such thing as a 3-day notice to comply in Washington. There is a 10-day notice to comply or vacate. You can grant more time to comply by contract (check your lease). You cannot enforce a provision for less time.

You can insist he take down the dish if it is not installed in an area within his exclusive control. You could conceivably seek a court order for specific performance rather than an unlawful detainer. However, your prohibition - as drafted - is not enforceable.

Taking it down over the tenant's objections is a bit over the top. I do not recommend it.

The question for the court would be whether the provision is void, or whether it should be enforced to the extent it is enforceable (for example, if the dish is less than one meter and installed outside the area within the tenant’s exclusive control).
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