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MDLaw
MDLaw, Attorney
Category: Legal
Satisfied Customers: 6131
Experience:  Experienced attorney in contract law, litigation and employment law
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My name is Marcia Woodward. I am currently unable to work because

Resolved Question:

My name isXXXXX am currently unable to work because of injuries from the
job I had. I am in the process of trying to get disability. I sold my home on the 27th of
December and signed a 15 month lease with Bridgeport Apartment Homes in Newark Ca
which is the town my house was in. I took a tour through the complex and it was very nice.
My problem is with TV service. The comple has very specific rules as to size of our dish
and has to be installed on a tripod and not attached to the building. In these apartments,
you either have a balcony/terrace type of patio area or if your on the bottom floor (like
me) a fenced in patio area. As I walked through the complex the majority of tenents
have dishes for their TV. They are attached to a tripod at the farthest point from the building and sitting on the back wall or fence on the patio. Before we took the tour,
before I was given the lease application the requirments for the installaion was explained
to me. Fine. I have a contract with Direct TV. I called them to tell them I was moving.
As long as I had everything reinstalled in my new place, it would not be considered an
early termination of my contract. Otherwise I would have to pay a big chunk of money
as a penalty. Because of the mandatory tripod installation I was required to pay a fee
of $50 when I made the appointment to reinstall the dish. When the Direct TV technician
came out, he told me that their was no signal anywhere on my patio. My apartment is
the last row of buildings at the back of the property. The technician also told me
that were my building was, relating to the direction the dish needs to be pointed so the
satillite can see it, no other satillite company would be able to get a signal either.
Direct TV dish needs to be pointed southeast, Dish Network points southwest. I sent
an email to the apartment manager this morning relating the conversation with the tech.
To paraphrase I never would have signed the lease if it was disclosed that there was
some issues with satillite service on parts of the property. I also asked about moving
to a dfferent apartment. The manager called me and stated that no promises about
satillite signal reception and could I try getting my service through comcast? I told her
it would cost twice as much as I am paying right now. She also said the is not at all
possible for me to change apartments. So now I'm supposed to pay $200 to $300
in earliy cancellation fees to direct TV and have no TV for the next fifteen months
all because they led my to believe installing my dish consisted of putting it on a
tripod and it would be all good. I would like to know if this is grounds to terminate my
lease? I think the whole thing was very deceptive on there part and intensionally
misleading. Please advise. I'm going on day 16 with no TV. Help Me....

Marcia Woodward
XXX-XXX-XXXX
[email protected]
terminating my contract
Submitted: 6 years ago.
Category: Legal
Expert:  MDLaw replied 6 years ago.
What is your actual legal question, please?
Customer: replied 6 years ago.
If I can terminate the lease based on this problem
Expert:  MDLaw replied 6 years ago.
Unless your apartment lease contained a guarantee about satellite service, you would not be able to terminate your lease for that reason. Your lease outlines the reasons that allow either you or the landlord to terminate the lease and to be honest, I have never seen a residential lease that allows a tenant to terminate a lease because of satellite TV.
Customer: replied 6 years ago.

What about not disclosing that some areas of the complex may have problems when

they knew I used that kind of service?

Expert:  MDLaw replied 6 years ago.
Same answer applies. Unless your lease guaranteed you access to satellite TV, it is not a basis for terminating your lease early.
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