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Is there a limit to the amount of a dish deposit by an apartment?

Discussion in 'DIRECTV General Discussion' started by A_Bear, Jul 2, 2011.

  1. Jul 2, 2011 #1 of 18
    A_Bear

    A_Bear AllStar

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    Just wanting to know if there is a limit for a dish deposit at appartments?

    The appatments i want to move to, have everything i want want/require but they are charging a $750 dish deposit fee, is there a limit to that amount that it can be?

    Just FYI rent is only $525 a month plus gas and electric (that is decent for our area)
     
  2. Jul 2, 2011 #2 of 18
    RunnerFL

    RunnerFL Well-Known Member

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    I'm not an expert, clearly, but I don't think there is a legal limit on what a landlord can charge as a deposit for a dish. It's like a security deposit on the dwelling itself.

    Man, $525/mo... I wish my rent was that low.
     
  3. Jul 2, 2011 #3 of 18
    Shades228

    Shades228 DaBears

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    You would want to ask a realtor about that as they'll be more versed in that information in your area. However since it's a deposit they are required to repay it unless damage is done unless they state it's non refundable. If they do this then I would go elsewhere. Also with a deposit like this I would video tape the area prior to the installation and after the installation and then the area when you leave it. This will give you proof if they try to come up with charges to reduce the refund of the deposit.

    They know they can't stop people from getting a dish but they can make it not worth it for most people by charging high deposits which this is clearly made to do. A simple deposit of $250 would cover most repairs and anything after that would be covered by the normal deposit. If more was needed there's ways to get it such as legal action but this is really just a way of them not arguing about having them.
     
  4. Jul 2, 2011 #4 of 18
    A_Bear

    A_Bear AllStar

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    Only 600 is refundable and they say it is for 'damage to other persons or property' but renters insurance should cover it so I just do not understand why it is needed
     
  5. Jul 2, 2011 #5 of 18
    Yoda-DBSguy

    Yoda-DBSguy Hall Of Fame

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    A Galaxy...
    1. They may "require it" because they can not force nor enforce that a renter have a "renters insurance" policy.
    2. What I don't understand is why the entire 750 "dish deposit" is not refunded at the end of tenacy if there is no actual damage. I would think that only refunding 600 of the 750 paid is unjust if not illegal if there is no actual damage caused.
    3. By law(FCC Code Ruling) they can not refuse or disallow you to have a dish installed as long as:
    • It is placed on your rental units property (such as your balcony)
    • The dish itself is installed in such a manner that the installation does not penetrate their property (such as a bucket with cement, or a non drilled rail type mount)
    • The coaxial cables does not penetrate their structure (you can opt for flat coaxial cables to run under a window or though a sliding glass door application)
    • Once the coaxial cable(s) are in the apartment, they can easily be ran at the bottom of the baseboards and stapled so there will be NO DAMAGE WHAT-SO-EVER when you vacate at the end of your lease.
    I'd ask/demand for a written explination of why they only partially refund the "dish deposit" if there is no damage at the end of the tenacy.
     
  6. Jul 2, 2011 #6 of 18
    RunnerFL

    RunnerFL Well-Known Member

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    That's great advice.
     
  7. Jul 2, 2011 #7 of 18
    RunnerFL

    RunnerFL Well-Known Member

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    I'm guessing the drilling of holes to mount the dish constitutes "damage".
     
  8. Jul 2, 2011 #8 of 18
    trh

    trh This Space for Sale

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    Where will your dish be mounted?
     
  9. Jul 2, 2011 #9 of 18
    Yoda-DBSguy

    Yoda-DBSguy Hall Of Fame

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    A Galaxy...
    But again, you don't have to drill any holes what-so-ever if you use any one of the methods I pointed out above...
     
  10. RunnerFL

    RunnerFL Well-Known Member

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    I realize that, his potential landlord may not.
     
  11. mini1

    mini1 Icon

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    Jan 25, 2004
    They are not allowed to do this.
    Here is what I would do.

    Move in, install your dish and make sure that meets all the FCC regulations (installed in an area of exclusive use, no drilling into anything). Then if they come after you, hand them a copy of the FCC OTARD regulations. If they are dumb, they will continue to try to come after you. At that point you can file petition with the FCC. Within a few days the FCC will contact you and the management company in an attempt to try to reach a settlement. Without a doubt, you would win the case.

    http://transition.fcc.gov/mb/facts/otard.html

    Q: What types of restrictions are prohibited?

    A: The rule prohibits restrictions that impair a person's ability to install, maintain, or use an antenna covered by the rule. The rule applies to state or local laws or regulations, including zoning, land-use or building regulations, private covenants, homeowners' association rules, condominium or cooperative association restrictions, lease restrictions, or similar restrictions on property within the exclusive use or control of the antenna user where the user has an ownership or leasehold interest in the property. A restriction impairs if it: (1) unreasonably delays or prevents use of; (2) unreasonably increases the cost of; or (3) precludes a person from receiving or transmitting an acceptable quality signal from an antenna covered under the rule.

    This would be considered both an unreasonable delay and without any question, an unreasonable cost. They cannot require you to pay ANY type of extra fee to "approve" the installation.

    Q: What is an unreasonable expense?

    A: Any requirement to pay a fee to the local authority for a permit to be allowed to install an antenna would be unreasonable because such permits are generally prohibited. It may also be unreasonable for a local government, community association or landlord to require a viewer to incur additional costs associated with installation.
     
  12. Shades228

    Shades228 DaBears

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    Darth Vader just went through something similiar to this so I would check his thread out. I definately would contact the group that helps out with this. They can give you real legal advice. People on here have great intentions but each state is different and while the FCC is a federal law that says some specifics I would double check first before signing something and finding out the apartment has a loop hole.
     
  13. joe diamond

    joe diamond Hall Of Fame

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    Ar you sure you have a LOS (Line of Sight)? Have you planned where the dish will go? Have you read the OTARD rules?

    Don't pay them until they detail what the deposit covers. If they do not refund all of it for NO damage ask why.

    Joe
     
  14. trh

    trh This Space for Sale

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    Does the OP have an exclusive use area where he can mount his antenna?

    A-Bear - you should read the FCC's OTARD here to see how it pertains to your case (if at all).
     
  15. markfp

    markfp Legend

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    Mar 9, 2010

    I'd suggest you check with the local consumer protection office run by your city, county or state. They'll be able to tell you if there is a limit on deposits.

    I'm a landlord and as to requiring renters insurance, we have that requirement in all our leases and it's perfectly legal as long as it's required for all tenants and we don't require them to buy it from a specific agent.

    Of course, both of these issues will vary from state-to-state. Good luck.
     
  16. carl6

    carl6 Moderator Staff Member DBSTalk Club

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    I would strongly recommend not following this advice. Resolve the issue of the deposit before signing a lease or moving in, and certainly before having an installation done.
     
  17. Gene Steinberg

    Gene Steinberg AllStar

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    Jun 8, 2009
    Sometimes it works best by talking with your landlord or rental agent.

    Although my lease is typically restrictive on satellite installation, in practice they were quite lenient. Just don't punch holes into anything, and enjoy yourself. I have an east facing patio, but with a long arm, a dish pointed at a 90-degree angle, and a couple of support brackets, all anchored to the support rail, I got an excellent signal.

    But getting there wasn't easy, and I had to work with the installer for a couple of hours to find a solution (they were ready to give up, and this was the second opinion visit), after which it set up perfectly.

    Only a few days later did I learn that another neighbor had it set up exactly the same way I helped the installer improvise. So there you go.

    But, as I said, work it out personally with the property owners or management and don't be afraid to negotiate. If you're a good neighbor, and keep the property in top-notch shape, they might bend the requirements as a favor. They are people too. :)

    In saying that, in a previous apartment, they drove me crazy about a satellite setup, and demanded a personal inspection before they'd allow the installation to be performed.

    Peace,
    Gene
     
  18. mini1

    mini1 Icon

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    I was assuming that he did have an exclusive use area. If he doesn't, then my advice doesn't apply. If he does, then my advice does apply.
     

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