Smoke and Carbon Monoxide Alarms in Rentals: Landlord and Tenant Duties
Landlord and tenant duties for smoke and CO alarms in Texas, California and Washington: where alarms go, testing at move-in, batteries and repair deadlines.
By Seayora Editorial Team · Published · Facts checked · 4 min read
Short answer: Landlords install smoke alarms and make sure they work when a tenancy begins; what happens after that depends on the state. Texas requires an alarm in every bedroom and repairs after a tenant’s request, with remedies if the landlord does not act within seven days of a written notice. California makes the owner test and maintain alarms and requires carbon monoxide devices where there is a gas appliance, fireplace or attached garage, while Washington puts battery replacement on the tenant.
Key takeaways
- Texas: at least one smoke alarm in each bedroom, tested at the start of each tenancy (Prop. Code §§ 92.255, 92.258).
- Texas: a landlord who does not install, inspect or repair within seven days of a written notice is liable under the subchapter (Prop. Code § 92.259).
- California: the owner of rented housing tests and maintains smoke alarms, ensures they work at each new tenancy and may enter on 24 hours’ written notice to service them (Health & Safety Code § 13113.7).
- California: a carbon monoxide device is required in a dwelling with a fossil-fuel heater or appliance, a fireplace or an attached garage (Health & Safety Code § 17926).
- Washington: the owner installs smoke alarms and checks them before re-occupancy; the tenant maintains them and replaces batteries (RCW 43.44.110).
Who is responsible for smoke alarms in a rental?
In every state covered here the landlord installs them and makes sure they work when a new tenant moves in. The states then divide the ongoing duty differently: Texas and California keep it with the landlord once the tenant reports a problem, while Washington makes the tenant responsible for maintenance, including batteries. Local building and fire codes add their own requirements on top, so check your city as well.
| State | Landlord | Tenant | Source |
|---|---|---|---|
| Texas | Install in each bedroom, corridor and level; test at move-in; inspect or repair on request | Report problems; may be required to make the first request in writing | Prop. Code §§ 92.255, 92.258, 92.259 |
| California | Install smoke alarms and CO devices; test and maintain; ensure operable at each new tenancy | Notify the owner of an inoperable alarm | Health & Safety Code §§ 13113.7, 17926 |
| Washington | Install smoke alarms; ensure operational before re-occupancy; CO alarms under the building code | Maintain smoke and CO alarms, including batteries | RCW 43.44.110, 19.27.530 |
What does Texas require?
A landlord “shall install at least one smoke alarm in each separate bedroom,” inside a studio’s single room, in a corridor serving several bedrooms and on each level. Units occupied before September 1, 2011 may use battery-powered alarms that are not interconnected (Tex. Prop. Code § 92.255). The landlord must confirm the alarm works “at the beginning of the tenant’s possession,” and during the lease must inspect and repair it when the tenant reports a malfunction or asks, within a reasonable time; tenant-caused damage is repaired if the tenant pays in advance (§ 92.258). The landlord is liable if no alarm was installed at move-in, or if it does not install, inspect or repair “on or before the seventh day after” a written notice that the tenant may use the statute’s remedies (§ 92.259).
What does California require?
Owners of rented apartments, and since 2014 rented single-family homes, are “responsible for testing and maintaining” the required smoke alarms. At each new tenancy “the owner shall ensure that smoke alarms are operable”; the tenant must tell the owner about an inoperable alarm, and the owner is not in violation for a deficiency it was not told about. The owner may enter to install, repair or test alarms on reasonable written notice during business hours, with 24 hours presumed reasonable, and a violation is an infraction of up to $200 (Cal. Health & Safety Code § 13113.7).
Separately, an owner must install a State Fire Marshal-approved carbon monoxide device in each dwelling unit “having a fossil fuel burning heater or appliance, fireplace, or an attached garage,” placed as building standards for new construction or the manufacturer require. A violation is an infraction of up to $200 per offense after a 30-day notice to correct (Cal. Health & Safety Code § 17926).
What does Washington require?
Smoke detection devices must be installed in dwelling units occupied by someone other than the owner. “Installation of smoke detection devices shall be the responsibility of the owner,” while maintenance, “including the replacement of batteries,” is the tenant’s, and at a vacancy the owner must make sure the device works before the unit is re-occupied (RCW 43.44.110). Carbon monoxide alarms are required in residential occupancies under the state building code, and in a tenancy their maintenance, including batteries, is likewise the tenant’s (RCW 19.27.530).
What should a landlord record at move-in?
- Test every smoke and carbon monoxide alarm when the tenant takes possession, and note the date and the method used.
- Photograph each alarm in place as part of the move-in inspection.
- Tell the tenant in writing how to report an alarm that chirps, fails a test or goes missing.
- Log every repair request and when it was resolved; Texas measures a landlord’s liability from a written notice.
Frequently asked questions
Who replaces smoke alarm batteries in a rental?
It depends on the state. Washington puts battery replacement on the tenant; in Texas and California the landlord repairs a reported malfunction, and the lease may allocate batteries.
Do California rentals need carbon monoxide detectors?
Yes, in any dwelling unit with a fossil-fuel heater or appliance, a fireplace or an attached garage.
How long does a Texas landlord have to fix a smoke alarm?
A reasonable time after the tenant’s request, and the landlord becomes liable if it does not act on or before the seventh day after a written notice that the tenant may use the statute’s remedies.
Sources
- Texas Property Code Chapter 92, Subchapter F, Smoke Alarms and Fire Extinguishers, Texas Legislature
- California Health and Safety Code § 13113.7, California Legislative Information
- California Health and Safety Code § 17926, California Legislative Information
- RCW 43.44.110, Smoke detection devices in dwelling units, Washington State Legislature
- RCW 19.27.530, Carbon monoxide alarms, Washington State Legislature
How Seayora helps
Move-in and move-out inspections: A dated move-in checklist with photos, so the record shows every alarm was in place and working when the tenancy began.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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