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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
          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
          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. 

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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