A lot of this depends on the exact state and your local laws. You can definitely bring suit for breach of contract provided "the dish is mounted on the roof". I have seen an installer use a heavy metal brace that merely sits on the roof and weigh this brace with 8 to 12 concrete blocks. Because the device didn't actually put a nail thru the roof, the local building codes did not consider the device "permanently installed" on the roof; and if they did this - the FCC has said that the tenant CAN "install" the device.
Because the landlord made assumptions about that property (and didn't bother to get up on the roof and look himself) I got an extra 7,500 off that property anticipating a "roof leak" that wouldn't happen. I also got to renew the contract with the tenant the landlord wanted to evict, into a lease/purchase at that!
I actually have a business contact who is a Direct TV franchisee. I have to tell you that Direct TV itself probably can't be "sued", but you can definitively sue the franchisee, and force Direct TV to revoke the contract the guy has to operate. Of course, that depends on who actually did the "installation".
Your question brings at least 5 more questions:
Is your property SFR, Condo(and if so what exact design FHA classification), duplex/triplex/4-plex, or apartment complex.
Exactly WHO did the installation? The tenant, the direct tv franchisee, and independent installer or an acutal direct tv employee?
What is the exact wording in your contract of the clause prohibiting the installation - word for word.
Is the installation a deliberate permanent mounting or of the type I described?
Is the dish placed subject to the "less than 1 meter" ruling of the FCC?
Sep 7, 2010