Is a landlord required to provide smoke alarms in rental units?
In some states the installation, maintenance and testing of smoke alarms has become the landlord’s legal responsibility per habitability standards and duty of care. Some cities and states require the use of the newer technology lithium powered smoke alarms which have non-removable power cells that last for ten years. A sealed lithium powered alarm prohibits tampering with the unit, eliminates low battery signals, and the problem of missing or dead batteries.
Landlords must ensure their rental properties are fully equipped with compliant fire safety devices. Regular property safety inspections should be conducted to ensure smoke alarms are operable. Lease agreements should clearly communicable tenant responsibility to promptly report in writing any smoke alarm that has malfunctioned or become inoperable. Even if the lease agreement requires tenants check and maintain batteries for smoke detectors and CO detectors, for protection against liability, lease provisions should include a clause that Tenant will grant Landlord access for the purpose of inspecting, maintaining, repairing, or installing legally-required detectors.
Smoke alarms should be interconnected so that when one sounds, they all sound. Large living spaces may need several smoke alarms.
Ionization smoke alarms are quicker to warn about fast flaming fires which consume materials rapidly and spread quickly. Sources of these fires may be paper fires or kitchen fires. Ionization smoke alarms are also more likely to set off nuisance alarms than do photoelectric alarms.
Photoelectric alarms are quicker to warn about smoldering fires which tend to generate large smoke particles before bursting into flame. Sources of smoldering fires include cigarettes burning in couches or bedding.
The two types of smoke alarms have different sensor technology that produces the warning sound. It may be a good idea to use both types of alarms in rental units for more protection.