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 white list ken@kirschenbaumesq.com ****************************** Commercial or Residential contract need to be signed and by who May 12,2022 *********************** Commercial or Residential contract need to be signed and by who *********************** Ken Commercial or Residential? We have many accounts with apartment buildings, condo buildings, and townhome communities where we provide fire alarm, access, and CCTV services. All of these are residential housing units operated by a common provider and we always sign a commercial agreement for whichever service we are providing. These are all conventional buildings with common parking and common doorways and access and with a common sprinkler system all operated by a common landlord or management company. I have now been contacted by a housing operator which is slightly unique. They have almost 100 homes - every one of them is a single-family home rented or to be rented to a tenant. A little more unique is that in every one of these homes they install a monitored fire alarm system. It is the landlord/owner who pays for the installation, service, and monitoring. So this is a residential location operated by a commercial concern as a commercial business. Which is the appropriate agreement? Commercial or Residential All in One? Hardware? Should it be commercial or residential?? Now to muddle up the issue even more, if the tenant resident chooses to add any BURGLAR alarm functions to the RENTED home they must use our services as the landlord does not want unknowns to be making unknown installations in the house, nor do they want the resident to enter into any extended contracts for services. In most instances this will be an add-on to the fire alarm monitoring paid by the landlord. I expect this would be as a residential agreement to be signed by the tenant. Should this also be signed by the landlord?? Thank You Jersey Jerry *********************** Response *********************** When dealing with the owner of an apartment building or a commercial developer or builder of multiple homes you can use the Commercial All in One. When installing fire alarms in multiple dwellings you will be using the Fire All in One. If you are installing fire alarms in single family residences [which probably means smoke detectors; maybe CO or a heat detector] you can use the Residential All in One. When dealing with a developer you will want to use one All in One as a Master Agreement and you will want to use the Rider for Multiple Locations. An owner, landlord or developer can sign a Commercial All in One for a building wide system, certainly fire, but also cameras and access control as well. Once you give access to the system to the tenants or unit owners or single family homes [you installed the system for the builder] you should have them sign a Residential All in One. That’s the case even if they aren’t making the payment to you. If they have access to the system, turning it on and off for security systems [including cameras and access control] they are obviously using the system and relying on the system; they are beneficiaries of the system, direct or third party; in either case they should sign a contract. A tenant who installs an alarm system and who is also paying for the system is the right one to sign the contract. If you can get the owner to sign also that’s great, but don’t expect it. ************************ 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email 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. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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