Smoke & CO Alarms in Rentals: Who Is Responsible

Working smoke alarms cut the risk of dying in a home fire roughly in half, but in rentals it isn’t always clear who has to install them, test them and replace the batteries. The answer depends on your state and city, but most places follow a similar pattern.

Typical duties

TaskUsually the landlordUsually the tenant
Install smoke alarms in each unitYes, as required by state or local lawNo
Install CO alarms (where required)Yes, in many states, especially with fuel-burning appliances, fireplaces or attached garagesNo
Make sure alarms work at move-inYes, in many placesTest and report problems
Replace batteriesSometimes, especially for sealed 10-year alarmsOften the tenant during the lease
Replace an alarm that is old or brokenYes, in most placesReport it promptly
Common-area alarms and sprinklersYesNo
Never disable, remove or cover an alarmSame ruleSame rule

These are general patterns, not legal advice. Check your state or city housing, building or fire code, and your lease.

What tenants should do

See Smoke & CO Alarms.

Never disable an alarm

In many places, disabling an alarm can lead to fines or be a lease violation. More important, it can cost lives.

If your landlord won’t act

  1. Write a dated letter or message asking for working alarms, and keep a copy.
  2. If nothing happens, contact your local fire marshal, fire department or building code office. Many will inspect or order the landlord to fix it.
  3. Contact your state or local housing agency or a tenants’ rights group.
  4. In some places you can buy an alarm yourself and deduct the cost, or take other remedies. Don’t withhold rent or deduct costs unless you’re sure your local law allows it. Get advice first.

Landlords can’t legally retaliate against tenants for reporting safety problems in most places. See Tenant Safety Rights.

For landlords

Standards & references

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