KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** can you terminate services after fire renders alarm inoperable August 30, 2025 *********************** can you terminate services after fire renders alarm inoperable *********************** Ken, We had a subscriber experience a loss two days ago. The system worked perfectly, the residence had a lightning strike, smoke detectors alarmed, and we dispatched FD. The FD was able to save a majority of the house but it will still take quite some time for repairs to be made. Can I cancel the service since the system is no longer operational? I already stopped billing them, but haven't done anything with the CS or Alarm.com yet. Ryan ************************ Response ************************ You can cancel monitoring service but the real question is should you, or why would you? If monitoring is impossible you could suspend service and you should get the subscriber's agreement to suspend and extend the contract term equal to the suspension time. You are not under obligation to suspend and the subscriber is under obligation to repair the system so that your services can be performed; subscriber remains responsible for the RMR payments whether the system is operational or not as long as you are not the reason its non-operational. This advice presumes you have a properly executed K&K Residential All in One in place. The majority of the house was saved; it should need alarm protection. If you do decide to permit suspension or termination you should get the subscriber to sign off on the contract termination and include a release of liability while you're at it. You also don't want to terminate the contract without making it clear that the contract was in effect on the date of the fire. You should have an attorney assist in whatever you decide to do. This is a great reason to join and participate in the K&K Concierge Program, and it's a good example how even what appears to be the simplest of issues isn't that simple or without consequence. ********************** STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
