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Comment on subscriber wants short term rental tenants added to call list

May 4, 2023
Comment on subscriber wants short term rental tenants added to call list from April 24, 2023 article
          Couldn’t you make a Rider that the renter would sign that would bind them to the terms of the monitoring service agreement?
George Nuttle
Security Professionals LLC 
          Answer is yes, but not sure that’s the easiest way to bind the tenant to the contract.
          The tenant is the intended end user and the owner, who previously signed the contract, wants the tenant added to the Call List.  While the prior article didn’t go into other issues it’s also likely that the owner would prefer that the tenant be the one to call for service, temporary testing, etc.  In other words, exercising all the benefits bestowed on the “subscriber” without the obligation to make payment or other subscriber obligations. 
          The point is that the end user has to be bound by the alarm contract and the only way to accomplish that is to get the tenant to sign a written document to that effect.  This can be done by:
  *  getting the tenant to sign the original contract as “undersigned to be bound by terms of this agreement”
  *  getting the tenant to sign a separate All in One which states that payments are being made pursuant to the owner’s alarm contract previously signed
  *  getting the tenant to sign essentially an “assumption” of the owner’s contract agreeing to be bound by the terms of that contract.  This is the Rider to which you refer. 
  *  I suppose you can get the tenant to sign the Personal Guarantee on the All in One [as this is worded it will bind the tenant to the terms of the agreement].  The tenant will probably want to add "except for monetary payment which the Subscriber is obligated to pay"
          This all sounds like a lot of paperwork and worry for little or no reason.  That is until the tenant suffers an catastrophic loss and blames it on the alarm company’s performance or lack thereof.  Then, rest assured, the alarm company is going to want to rely an All in One signed by the tenant.

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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