ARTICLE from homeguides.sfgate.com

Can a Landlord Prohibit a Satellite Dish on a Property in California?

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A landlord has a significant interest in protecting the rental property and has the final say on repairs, maintenance and installation of equipment. When a tenant wants to subscribe to a satellite service, the landlord may try to refuse permission, because of aesthetics, safety or property damage. Learn the laws on rental properties and satellite dish installation in California, because the law makes it difficult for landlords to ban satellite dishes from a rental property.

Landlord Concerns

Landlords usually seek to avoid unnecessary alterations to their rental property. To operate, satellite dishes must be attached to the outside of the unit, such as on a balcony, windowsill, railing, siding or the roof. Wires and equipment running along the outside are unsightly. The dish and cables can create a safety hazard for residents, too. Basic installation means drilling into the exterior, while poor installation may damage walls and roofs. In extreme cases, installation can interfere with plumbing, electric and HVAC systems.

Federal Law

The Federal Communications Commission Order 98-273 prohibits landlords from restricting a renter's access to antennas or dishes as long as the installation meets certain criteria. Among the specifications outlined by the FCC are that direct-to-home satellite dishes must be less than 40 inches in diameter. The law states that landlords have the right to oversee the installation and to impose reasonable conditions when tenants seek to install satellite dishes.

Permissable Installation

As long as the satellite dish is installed in exclusively private space, tenants are within their rights. The dish must be installed wholly within the rental property and cannot overhang into common areas. For example, installation on a balcony, deck, patio or terrace is fine, but not on the roof, exterior walls, windows, window sills, hallways or walkways. Installers prefer to drill holes through the wall to run cables through, but the law allows landlords to refuse that option and have the installer put cables through the window.

Reasonable Restrictions

Landlords may impose reasonable restrictions on satellite dish installation, as long as the conditions are not too expensive. They can also restrict certain methods of installation and outline exactly where a satellite dish can be put. For example, a landlord can insist that the dish can only be located on the back of a rental home, never the front. Another example might be that the landlord requires tenants with satellite service to carry renter's insurance to cover any accidents, injuries or damage to the property.