Service provider in a multi-tenant building...

[internet_tech]

Missouri

We are one of three service providers (our company, Time Warner, AT&T) who provide internet, telephone, and security to a small 6-tenant strip center. All six tenants are our customers for all of the things mentioned. The building owner allowed us access to the common telecom room to install the necessary equipment to distribute our services to the tenants. There was no contract written, only a verbal agreement which included our company providing the building owner's office in that building with internet service at no charge, monitoring the building's fire alarm at no charge, and setting up some other technology for him, again at no charge. Those tasks were all completed.

Recently the building owner asked for some of our services at another of his locations, and we were unable to provide the services at the other location. The building owner is now mad as a result, and has threatened to not allow us to do business, or perhaps no longer have access to the common telecom room in the building which supplies service to our current customers, and his tenants.

So, my question is, can he legally block us from providing services to the tenants of the building, who have asked for and obtained our services? Could he potentially do the same to Time Warner and AT&T or are they afforded some sort of protection in some way? If not, can we be considered a provider of services the same as they are?

I know, lots of questions, and probably lots more, but that's the gist of it.

 

[LdiJ]

Missouri

We are one of three service providers (our company, Time Warner, AT&T) who provide internet, telephone, and security to a small 6-tenant strip center. All six tenants are our customers for all of the things mentioned. The building owner allowed us access to the common telecom room to install the necessary equipment to distribute our services to the tenants. There was no contract written, only a verbal agreement which included our company providing the building owner's office in that building with internet service at no charge, monitoring the building's fire alarm at no charge, and setting up some other technology for him, again at no charge. Those tasks were all completed.

Recently the building owner asked for some of our services at another of his locations, and we were unable to provide the services at the other location. The building owner is now mad as a result, and has threatened to not allow us to do business, or perhaps no longer have access to the common telecom room in the building which supplies service to our current customers, and his tenants.

So, my question is, can he legally block us from providing services to the tenants of the building, who have asked for and obtained our services? Could he potentially do the same to Time Warner and AT&T or are they afforded some sort of protection in some way? If not, can we be considered a provider of services the same as they are?

I know, lots of questions, and probably lots more, but that's the gist of it.

We probably cannot help you with that. Much depends on local regulations and even the leases the individual tenants have with the landlord.

I suspect that that the current tenants, your current clients, would make their displeasure known with the landlord if the landlord attempted to force them to change providers.

 

[adjusterjack]

My guess is that Time Warner and ATT were smart enough to get long term written contracts from building owners wherever they install services for tenants.

You don't have a written contract.

Do you have any evidence of the agreement: emails, letters, independent unbiased witnesses to any conversations about the agreement's duration?

No?

Then the building owner can toss you at any time and replace you with another vendor.

Any equipment that you have attached to the owner's building might now be part of the building and belong to the owner.

How long had you been in business before you got this gig? A week? Did you ever talk to a lawyer about contracts and business law or did you just wing it like a lot of amateurs that go out of business rather quickly?

 

[HRZ]

A rack of computer equipment might NOT be a fixture now owned by building owner ... I don't know but you check .
SOme hard wired sensors might be.

AN oral contract to provide X in return for Y may well be enforceable ..and I'd let him break it
THis may be mutual destruction path .if he breaks contract or fails to renew the oral lease and denies you access to service room

Now,absent a written long term lease, this is a lot about barter power and poker plays...and who blinks first .

IF his insurance policy requires a monitored system and this one goes on blink wo quick substitution by another provider, his insurance company may be most annoyed .

 

[LdiJ]

My guess is that Time Warner and ATT were smart enough to get long term written contracts from building owners wherever they install services for tenants.

You don't have a written contract.

Do you have any evidence of the agreement: emails, letters, independent unbiased witnesses to any conversations about the agreement's duration?

No?

Then the building owner can toss you at any time and replace you with another vendor.

Any equipment that you have attached to the owner's building might now be part of the building and belong to the owner.

How long had you been in business before you got this gig? A week? Did you ever talk to a lawyer about contracts and business law or did you just wing it like a lot of amateurs that go out of business rather quickly?

I do not agree with you in this instance because we are talking about commercial rather than residential leases. You are making the assumption that the landlord can govern who can provide services to their tenants which I am certain is not automatically correct.

 

[internet_tech]

My guess is that Time Warner and ATT were smart enough to get long term written contracts from building owners wherever they install services for tenants.

You don't have a written contract.

Do you have any evidence of the agreement: emails, letters, independent unbiased witnesses to any conversations about the agreement's duration?

No?

Then the building owner can toss you at any time and replace you with another vendor.

Any equipment that you have attached to the owner's building might now be part of the building and belong to the owner.

How long had you been in business before you got this gig? A week? Did you ever talk to a lawyer about contracts and business law or did you just wing it like a lot of amateurs that go out of business rather quickly?

To clarify, I have never seen a commercial location where AT&T or Time Warner have a written contract with a building owner as the incumbent local carrier. So I doubt there is one here either.

Yes, I do have copies of emails detailing our arrangement.

We have been in business 14 years thank you. I think we must be doing something right.