Building Alarm Responsibilities
I have a small six-unit commercial building in the State of California, County of Los Angeles, City of Inglewood. There is a building alarm, but not for individual suites. To enter the building any of the six tenants must deactivate the alarm, and any of the tenants can activate it when they leave. The alarm system is monitored for which I pay a fee and a telephone line is needed to connect with the monitoring company for which I also pay a fee. This is a yearly expense of about $2,000.
The following text is part of each lease: "Security. Tenant understands that Landlord does does not provide a security alarm systems or other security for Tenant or the Premises. In the event any alarm system is provided, Tenant understands that such alarm system is not warranted to be complete in all respects or to be sufficient to protect Tenant or the Premises. Tenant releases Landlord from any loss, damage, claim or injury resulting from the failure of any alarm system, security or from the lack of any alarm system or security." The "does" box is checked.
It has come to my attention that none of the tenants are using the alarm and haven't been for over a year. My first thought was to acknowledge to all the tenants that the alarm isn't being used, say that I'm committed keeping the alarm working if the tenants want it, but since they don't want it, I'm no longer going to pay the two monthly fees. But on reflection I have several questions:
1. I assume that I'm required to keep the alarm in good order and pay the monthly fees even if none of the tenants choose to use it. Right?
2. Am I at any liability risk if one of the tenants suffers a loss complaining that the building "didn't have a working alarm" even if the hardware is all in good order but it didn't work because none of the tenants turned it on?
3. Suppose five tenants feel that operating the alarm is a bother they'd rather not deal with, but one tenant wants it -- and this is very likely. What's a reasonable landlord supposed to do?
Re: Building Alarm Responsibilities
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Quoting
douglasssmith
I have a small six-unit commercial building in the State of California, County of Los Angeles, City of Inglewood. There is a building alarm, but not for individual suites. To enter the building any of the six tenants must deactivate the alarm, and any of the tenants can activate it when they leave. The alarm system is monitored for which I pay a fee and a telephone line is needed to connect with the monitoring company for which I also pay a fee. This is a yearly expense of about $2,000.
The following text is part of each lease: "Security. Tenant understands that Landlord does does not provide a security alarm systems or other security for Tenant or the Premises. In the event any alarm system is provided, Tenant understands that such alarm system is not warranted to be complete in all respects or to be sufficient to protect Tenant or the Premises. Tenant releases Landlord from any loss, damage, claim or injury resulting from the failure of any alarm system, security or from the lack of any alarm system or security." The "does" box is checked.
It has come to my attention that none of the tenants are using the alarm and haven't been for over a year. My first thought was to acknowledge to all the tenants that the alarm isn't being used, say that I'm committed keeping the alarm working if the tenants want it, but since they don't want it, I'm no longer going to pay the two monthly fees. But on reflection I have several questions:
1. I assume that I'm required to keep the alarm in good order and pay the monthly fees even if none of the tenants choose to use it. Right?
2. Am I at any liability risk if one of the tenants suffers a loss complaining that the building "didn't have a working alarm" even if the hardware is all in good order but it didn't work because none of the tenants turned it on?
3. Suppose five tenants feel that operating the alarm is a bother they'd rather not deal with, but one tenant wants it -- and this is very likely. What's a reasonable landlord supposed to do?
There is nothing that you really can do to fix the issue. The problem I see with this arrangement is that you have six different tenants coming and going at different times. Therefore the arrangement is really unworkable. Unless the first tenant arriving on any given day is responsible for turning it off, and the last tenant leaving on any given day is responsible for turning it on, there will be constant problems with it being turned on when there are still tenants in the building. Each unit needs to have their own separate alarm system in order for it to work in any kind of efficient manner.
You can give the tenants notice that you are going to turn it off permanently since they are not using it.
Re: Building Alarm Responsibilities
Not disagreeing with you. Just a FWIW: In years past, the rules was: first tenant in turned it on; last tenant to leave turned it off. And since everyone more or less knew everyone's schedule, the system worked. The current tenants are much less of a cohesive group.
Thanks for your suggestion to give notice. I wasn't sure if I could do that since the alarm is mentioned in the lease.
Re: Building Alarm Responsibilities
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Quoting
douglasssmith
Not disagreeing with you. Just a FWIW: In years past, the rules was: first tenant in turned it on; last tenant to leave turned it off. And since everyone more or less knew everyone's schedule, the system worked. The current tenants are much less of a cohesive group.
Thanks for your suggestion to give notice. I wasn't sure if I could do that since the alarm is mentioned in the lease.
I would simply add that you alarm system for the premises is there to protect YOUR property but that your tenants derive some benefit. That said, If the tenants want to protect their spaces they need their own alarms.
You should talk to your service provider to see if you can control this via a timer or remotely and take this out of your tenants hands.
Re: Building Alarm Responsibilities
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Mark47n
I would simply add that you alarm system for the premises is there to protect YOUR property but that your tenants derive some benefit. That said, If the tenants want to protect their spaces they need their own alarms.
You should talk to your service provider to see if you can control this via a timer or remotely and take this out of your tenants hands.
The problem with that is what if a tenant works late and is still in the building when he sets it remotely? Unless it is in the lease that the tenants must vacate by a certain hour and cannot enter until a certain hour, then the tenants have the right to be there 24/7 if it suits their particular business.
Re: Building Alarm Responsibilities
In large facilities tenants have access to the premises 24/7 but to wouldn't be uncommon to have systems arm at, say, 8pm and the tenant requires a cardkey or code to enter/exit and the system rearms and locks after a preset time. Access by EMS would be accomplished by an external key which they already possess.
Re: Building Alarm Responsibilities
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Quoting
Mark47n
In large facilities tenants have access to the premises 24/7 but to wouldn't be uncommon to have systems arm at, say, 8pm and the tenant requires a cardkey or code to enter/exit and the system rearms and locks after a preset time. Access by EMS would be accomplished by an external key which they already possess.
I don't think that the OP is talking about that sophisticated (and expensive) type of system.
Re: Building Alarm Responsibilities
It's not sophisticated, as far as alarm systems go. While the OP is not obligated to provide security to his tenants if he intends to have a security system for the protection of his own building then he needs to consider a different route than relying on tenants.
Re: Building Alarm Responsibilities
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Quoting
Mark47n
It's not sophisticated, as far as alarm systems go. While the OP is not obligated to provide security to his tenants if he intends to have a security system for the protection of his own building then he needs to consider a different route than relying on tenants.
Actually he is obligated to some extent.
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The following text is part of each lease: "Security. Tenant understands that Landlord does does not provide a security alarm systems or other security for Tenant or the Premises. In the event any alarm system is provided, Tenant understands that such alarm system is not warranted to be complete in all respects or to be sufficient to protect Tenant or the Premises. Tenant releases Landlord from any loss, damage, claim or injury resulting from the failure of any alarm system, security or from the lack of any alarm system or security." The "does" box is checked.