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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 99982
Experience:  Attorney
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I have just signed a one year lease house rental. the

Customer Question

i have just signed a one year lease for a house rental. the landlord and I have not been getting along .how do I break the lease without having to pay the rest of the years payments ?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) What state is this in?
2) Explain how you and he are not getting along, and what he has done - such as come in without invitation, etc.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
California
I want to have satellite TV he says no dish on the house even there is already one installed but not the right kind.
there are other problems with the house that are not up to par like sinks that don't drain properly, Also he has blocked my emails and says we can only contact him through the USPS via letters. We just want to move to a more friendly atmosphere.
Expert:  Ely replied 1 year ago.

Thank you.

One last question, please. How large is your dish? Inch-wise? This is important. Thanks!

Customer: replied 1 year ago.
18"
Expert:  Ely replied 1 year ago.

Thank you. Under the Over-the-Air Reception Devices Rule (Section 207 of the Telecommunications Act of 1996), a landlord is prohibited from restrictions that impair a person's ability to install, maintain, or use an antenna covered by the rule.

"Antenna" includes a dish that is one meter (39.37") or less in diameter. (This is why I asked you how large the dish was.)

For the whole rule, see here:

https://www.fcc.gov/guides/over-air-reception-devices-rule

As such, someone in your situation may wish to write back to the landlord, stating that under federal law, they cannot deny you your right to have this dish.

Let me know if you need a sample letter. If he continues to resist or takes down the dish himself without your permission once one puts it up, he can be sued in court.

Aside from this, blocking your emails and/or not getting along is not reason enough to void the lease, because the landlord is not practicing "constructive eviction" (making it unlivable by his actions, such as intruding upon one's rented space unannounced or turning off the utilities).

Summary: From what you have told me, I do not see enough to break the lease. HOWEVER, he cannot stop you from putting up the dish, or, should not.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!