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What's Remote Subscriber Access / Landlord's exposure if it owns the alarm system
April 1, 2021
What's Remote Subscriber Access
            Can you elaborate on Remote Subscriber Access?  Is it the same as interactive service?  If not, what is the difference as described in the All In One agreement?  Thanks
 Best regards,
            The All in One agreements break down all the services so that you can maximize RMR.  Remote subscriber access is one more opportunity to get RMR because the platform that is providing remote access is likely charging for it. is a good example.
            Remote access is exactly what it sounds like, and many subscribers want it.  Remote access permits a subscriber to access the alarm system.  Access can be to arm, disarm, open locks and view cameras.  Other interactive services permit changing temperature and starting the coffee pot.  The point is, the subscriber can access the system when off the premises.
Landlord's exposure if it owns the alarm system
            Interesting question came up.
            Let’s say a landlord includes alarm service for a tenant that is renting a space in his building. The landlord already has an alarm installed in that premise and simply pays for the monitoring services and provides the service as a ‘perk’ to the tenant.  Since the landlord is giving the service to the tenant, without charging him, what can he put in his lease agreement to mitigate his exposure here?
            The question is not that interesting.  It's also not a question an alarm company needs to be asking.  What the alarm company needs to be asking is, who has to sign the contract, the owner who owns the system and pays for the alarm services, or the tenant who occupies the premises.  The answer to that question is the owner definitely needs to sign an All in One, and already should have when the system was installed.
            Now for the tenant.  You don't need to get the tenant to sign an All in One, though it's a good idea to try.  If the tenant does sign the contract it will read that the tenant is not making the payments and services will be provided as long as the owner is making his payments under separate contract.  If the tenant won't sign then you have to have nothing to do with the tenant.  The tenant should not be acknowledged in any way, so that the tenant cannot request service,  cannot make changes to the system; won't be called unless the owner designates the tenant as authorized to act for the owner.  You should remind the tenant in writing that the alarm system is not installed for the benefit of the tenant and that no services are provided to the tenant, unless the tenant signs the contract.  Why?  Because you cannot render any security services without a contract, a contract that excludes liability for your own breach or negligence.
            The owner needs to be cautious too and should not be giving the tenant that the lease offers any security or security system for the benefit of the tenant, unless of course the tenant agrees to protective provisions in the lease that would be similar to those found in a properly drafted alarm contract.  Landlords don't get free legal advice on this forum.

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301