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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17500
Experience:  B.A.; M.B.A.; J.D.
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I have a current contract with Vivint, a home security

Customer Question

I have a current contract with Vivint, a home security company, which was signed in June 2013. I have always paid on time, but the service is terrible. I have had a lot of issues with the equipment and software in the past and am currently experiencing more. The contract does not have an early release penalty, so I will have to pay the entire amount of the term if I cancel early. Is there any way for me to cancel without paying for the rest of the contract due to the constant issues, or am I stuck? Also, what would happen if I just decided to quit paying them? I'm new to this. I've never contemplated not paying a bill or insisting on ending a contract. My contract expires in Dec 2016.
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.

I have a current contract with Vivint, a home security company, which was signed in June 2013. I have always paid on time, but the service is terrible. I have had a lot of issues with the equipment and software in the past and am currently experiencing more. The contract does not have an early release penalty, so I will have to pay the entire amount of the term if I cancel early. Is there any way for me to cancel without paying for the rest of the contract due to the constant issues, or am I stuck?

Response 1: If the service is not working—has ongoing issues, then you need to send a written notice to the company that they have defaulted in their part of the agreement by not providing a reliable service (you need to detail all the issues with dates) and that you request that they release you further obligation under the contract and cancel the contract immediately.

Also, what would happen if I just decided to quit paying them? I'm new to this. I've never contemplated not paying a bill or insisting on ending a contract. My contract expires in Dec 2016.

Response 2: They may likely sue you for breach of contract. You can then defend and counterclaim that they are the one in breach for not providing a reliable service and their initial breach released you from further obligation under the contract.

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