Do Landlords Provide Carbon Monoxide and Smoke Detectors?

Last Updated: October 12, 2023 by Roberto Valenzuela

Landlords have to provide smoke alarms in almost every state. Many places also require carbon monoxide (CO) detection, especially for higher-risk properties like those with a fireplace or adjacent garage.

Special Conditions Requiring Carbon Monoxide Detectors

A few states require CO detectors in all residential housing. Most, however – including California, New York, and Florida – only require CO detection in housing with high carbon monoxide emissions risk. This means housing with one or more of the following features:

  • Garage attached to the premises.
  • Fireplace.
  • Heater that burns fossil fuels in any way.
  • Any other appliance that burns fossil fuels.

Who Changes Batteries for Carbon Monoxide and Smoke Detectors?

Maintenance duties for smoke alarms and CO detectors depend on how serious the issue is. Minor regular maintenance, including battery replacement, is usually the tenant’s job. The landlord, on the other hand, has a duty to make sure the detectors are in general good working order.

This means a landlord must provide working detectors when a rental begins. Most maintenance afterward is the tenant’s responsibility. The tenant is also responsible for all damage caused by the tenant’s irresponsible behavior. This potentially includes major maintenance like replacement.

Consequences for Failure To Provide Carbon Monoxide and Smoke Detectors

Landlord failure to provide required safety devices, like smoke alarms and CO detectors, is a standard type of housing violation. State laws vary widely, but if a landlord doesn’t provide these after proper notice from the tenant, the following remedies are often available:

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Frequently Asked Questions

Most states and municipalities adopt internationally recognized uniform standards, like the NFPA or IFC Fire Code. These standards are almost never adopted completely in their original form. There are usually amendments at the state or local level. Some places, like California, also write standards for specific items (like CO detectors) directly into state statute. Read more »
While the two terms are used interchangeably, they technically refer to different device types. A smoke alarm has a horn or audible alarm within each unit, which may be interconnected to provide an alarm throughout an entire residence. A smoke detector is a detection device connected to a central alarm panel. Read more »
Carbon monoxide is usually generated by combustion. Water heaters, car engines, fireplaces, furnaces, and anything else with a burning component will generate carbon monoxide. Without proper ventilation and detection, this can quickly kill human beings. Read more »
A photoelectric sensor detects ultraviolet or infrared light emitted by smoke particles, and an ionization sensor uses a small electric current which smoke will disrupt. In general, ionization alarms detect flaming fires faster than photoelectric alarms, while photoelectric alarms detect smoldering smoke more quickly. The difference in accuracy for varying fire types isn't huge. Proper placement of a smoke alarm is the best way to increase effectiveness. Read more »
A dual-sensor smoke alarm utilizes two technologies to detect smoke: photoelectric and ionization detection. Read more »
Alarm systems with strobes, lights, or vibration can alert hearing-impaired residents. Vibrating alarms can also be suitable for occupants who are both visually- and hearing-impaired. Read more »

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