KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on does tenant need to sign contract if owner has signed one
September 6, 2025
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comment on does tenant need to sign contract if owner has signed one August 18, 2025
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Ken
  So, how about this scenario. which happens continuously, contractually, not the fire. A renter of a house contracts with an alarm company to install a burglar alarm with a single smoke detector in a central area. The entire system is installed to protect the tenant and not the property. Not only is the landlord not involved but the fact that the home is rented never comes up in conversation. The house burns down, 100% loss. The tenant has renters insurance and is covered. This system worked properly but the house couldn't be saved OR didn't work properly because the customer didn't replace the batteries in the smoke detector OR... Any legal responsibilities to the landlord? 
Stan Corn, 
Alarms, Inc
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Response
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    You sort of make it too easy because in your scenario the alarm worked.  If you did nothing wrong then you don't have liability.  Can you be sued by the owner?  Yes, because anyone can start a lawsuit.  If we change the scenario, and made a mistake and the alarm didn't work, do you owe the owner any duty?  Not likely if you don't know the owner is in the picture and you didn't know you were dealing with a tenant.  If you did know you were dealing with the tenant then you might have to explain your conclusory statement that the alarm was for the tenant's personal protection and not for the premises.  
    Your argument that the alarm was not intended to protect the building would be stronger if your All in One in the Schedule of Equipment and Services mentions that intention.  That also belongs in the Disclaimer Notice because security systems can also be designed and intended to protect the premises, not so much the occupants.  We see that perhaps more often with cameras that do not have interactive monitoring service.  
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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
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com