I am NOT an attorney (although I often play one in saloons
when I've had enought to drink).
Your tenant made a leasehold improvement. Unless there is a
written agreement to the contrary, the improvement belongs
to you. Direct TV certainly knows this and probably doesn't
care as they would hope the next tenant will subscribe. OTOH
your former tenants may be being dunned by DT for not
skipping out and need the box to avoid some payment.
Call DT and get the straight scoop.
I'm not any attorney...hehe..... (more like h.s. student), but my uncle and
Grandpa are, and my uncle was reading this almost out loud a minute ago,
from behind my chair to my Grandpa for old-time-sake laughs...hehe.. AND he
claims that "if" you gave ANY kind of prior WARNING of this item being left
behind and THEY did NOT respond, they have pretty much GIVEN-UP ALL RIGHTS
to such property. Especially if they have been informed of leaving such
property in person by mail, E-mail, msgr, or attorney. If more than once,
he claims, they have undoubtedly given up any property claim.
He says, UNLESS he has been paying satellite receiving bill for that item
(by serial) this WHOLE time, he has made it the property of anyone who
claims it, just as if left in garbage, street side.
Dunno if that helps any...doubtful..., but I'm sure the bill would be
devastatingly higher in person...lol....
He only asks what "exact" U.S. state or territory you are in (USA,
CANADA,U.K.,RU., ETC,..) to be "absolutely" positive. He's telling me what
to type, or atleast watching over this one...lol...
near N.E. FL(USA)
This is in Wisconsin, USA. I agree with what you said. Not to
mention that my lease with the tenants clearly stated that any
property attached to the building becomes a permanent part of the
building when the tenant leaves. It also states that any property
left in the home when the tenant moves, (furniture, etc) is considered
abandoned and the landlord can dispose of it, (and goes on to explain
that the landlord may charge the tenant for disposal, etc) This is
not the exact wording used in the lease, but it explains what is done
with things left by tenants. In other words, once the tenant moves,
whatever they leave behind is no longer theirs.
This problem tenant moved a year ago. Besides the dish on the house,
(not the receiver box) they left several garden tools in the garden
shed (which are in my garage now), and a whole bunch of junked
furniture, and other garbage, which cost me about $250 to dispose of.
I removed the dish and the cable, and had to caulk the hole in the
house where the cable entered. I now have the dish at home (dont need
it), and the cable I will save even if I toss the dish in my scrap
pile. I took the whole thing off the house, bracket and all. If
another tenant wants a dish, they can use the same holes, but I will
likely sell the property before I rent it again. Being a landlord is
not my cup of tea.
I mainly asked this question because I am sure this tenant will call
again, even though I told them numerous times that they no longer own
the damn thing, and if they attempt to enter the property, they will
be prosecuted. However, they are persistent and annoying, not to
mention really dumb....... At least now, if they call, the thing is
gone and I'll just tell them the company must have taken it......
My main reason to remove the thing was not so much the appearance of
it, but I am tired of hearing about it. Plus that is one less thing
for the siding company to remove when I get the place resided before I
list it with a realtor.
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