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 ****************************** Removing codes for delinquent account July 4, 2022 *********************** Removing codes for delinquent account *********************** Ken, We use your Residential All in One contract. I am wondering if I can remove user codes when account is delinquent. I can't stand chasing customers for money, when I see there using the alarm every day. I would not disable the communication until a cancel letter has been sent out. You don't pay your cell it don't work or cable bill no TV. Thank you in advance for your response. I love reading your daily message boards. Thanks, Shawn ******************** Response ******************** When your subscriber is delinquent, one way of describing “in breach of the contract” you have to look to the contract for your rights and remedies. The Residential All in One [and the other Standard Form Agreements] addresses default by the subscriber. Your remedies are specifically addressed. You want to remove codes, which I interpret as disabling the alarm system. You can’t do that because the subscriber purchased and owns the alarm system [unless it’s leased]. Because the subscriber owns the system you can’t render it useless. At the very least the subscriber can use the system as a local alarm. But the monitoring service, or any subscription service, can be canceled. The Standard Form Agreements provide for termination of monitoring for various reasons without prior notice to the subscriber. The updated All in One contracts do provide that the alarm company will provide notice of termination after monitoring has been terminated. So terminate monitoring and of course service calls, but don’t totally disable the alarm system. For commercial fire alarms I suggest you provide notice to the subscriber and the AHJ in advance of termination of monitoring. ******************* 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
