The Landlord's Responsibility for Smoke Alarms After Tenants Take Possession in California

California law requires landlords to install a specific number of smoke detectors in each of their tenant's rentals, depending on the size. Local ordinances, however, are free to enact a more stringent set of regulations. Always check local ordinances -- city and county -- to ensure complete compliance with applicable smoke detector laws.

General California Law

California law requires that all landlords provide working smoke detectors in all of their rented multiple-unit complexes. The California habitability laws require landlords to maintain their smoke detectors in working order by testing them before each tenant moves in and repairing any inoperable smoke detectors once they obtain notification of a defect.

Types and Placement

Landlords who rent new homes or made modifications or repairs after August 14, 1992, exceeding $1,000 in repair costs must install a smoke detector in each of their tenants' sleeping quarters. Additionally, they must place at least one smoke detector outside of each bedroom. Landlords must purchase smoke detectors that are pre-approved by the California State Fire Marshall. For new constructions, they must purchase smoke detectors that are hardwired and have battery backups. For existing homes, landlords can use battery operated smoke detectors.

Tenants' Duties

All tenants have an ongoing legal duty to provide their landlords with notification of any inoperable detectors inside of their rentals. The landlord is not in violation of the state smoke detector law if she did not receive notification of defect from her tenants. However, landlords are responsible for testing smoke detectors in their common stairwells if they rent apartments in multiple unit buildings. Tenants are responsible for replacing batteries for all smoke detectors in their apartments, but landlords have a duty to replace batteries in their common stairwells.

Tenants' Rights

California law provides tenants with remedies against landlords who breach their duties to provide working smoke detectors. They can file complaints with the California Department of Consumer Affairs against landlords who violate the warranty of habitability laws and government ordinances. They can also use the repair and deduct remedy allowing them to withhold rent equal to the amount of their repair costs for fixing their smoke detectors.

Considerations

Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.

---

• The California Landlord's Law Book - Legal Book - Nolo

  www.nolo.com Products Landlord-Tenant Landlord Books

  Since 1985, The California Landlord's Law Book has been the reliable legal guide for California landlords, with everything you need to know about:

• OKLAHOMA Landlord and Tenant Acts

  tenant.net/Other_Areas/Oklahoma/tenant.html

  OKLAHOMA Residential / Non-Residential Landlord and Tenant Acts (as amended through 1993)

• Rules and Regulations - Brandywine Apartments - Brandywine is

  www.brandywine-apts.com/rules.html

  Brandywine is one of the best choices for off-campus living for students, staff, and faculty of the University of Massachusetts-Amherst.

• Tenants Rights After an Apartment Fire eHow

  www.ehow.com Legal Consumer Law Other Consumer Law

  Tenants Rights After an Apartment Fire. If you own your own home, a fire in your house can be devastating. The same can be the case if you rent an apartment or a ...

• RESIDENTIAL LEASE AGREEMENT - This Web site coming soon

  www.beyondtherate.com/pdfs/6_Lease_Agreement.pdf PDF file

  RESIDENTIAL LEASE AGREEMENT 1. IDENTIFICATION OF PARTIES AND PREMISES This Agreement is made and entered into this _____ day of _____, 20___, between

• Sample Rental Agreement - Scribd

  www.scribd.com/doc/3863051/Sample-Rental-Agreement

  Sample Rental Agreement Clause 1. Identification of Landlord and Tenant This Agreement is entered into between _____(Tenant) and ...

• California Tenants' Rights - Legal Book - Nolo

  www.nolo.com Products Landlord-Tenant Tenant Books

  Protecting California tenants' rights since 1971! Many tenants have to deal with roommates who don't pull their weight, neighbors who routinely engage in illegal ...

• Chapter 59.18 RCW: RESIDENTIAL LANDLORD-TENANT ACT

  apps.leg.wa.gov RCWs Title 59 Chapter 59.18

  59.18.010: Short title. 59.18.020: Rights and remedies -- Obligation of good faith imposed. 59.18.030: Definitions. 59.18.040: Living arrangements exempted from chapter.

• California Tenant Law - Free legal advice for California renters ...

  www.caltenantlaw.com/ForSale.htm

  Renters' Rights: pages of free legal advice for California tenants on evictions, security deposits, tenant lawyer directory, and more. Limited free e-mail Q&A

• Kentucky Landlord Tenant Guide - Tenant Net - Tenants and

  tenant.net/Other_Areas/Kentucky/ltguide.html

  INTRODUCTION The purpose of this booklet is to provide information that will be useful to landlords and tenants in Kentucky. Much of this information is based on the ...

Related Posts

You're reading an article about The Landlord's Responsibility for Smoke Alarms After Tenants Take Possession in California and you can find articles The Landlord's Responsibility for Smoke Alarms After Tenants Take Possession in California this is url https://rentingahomes.blogspot.com/2013/12/the-landlord-responsibility-for-smoke.html,you may spread or copy and paste it if the article The Landlord's Responsibility for Smoke Alarms After Tenants Take Possession in California This is very beneficial to your friends, but do not forget to put the link The Landlord's Responsibility for Smoke Alarms After Tenants Take Possession in California as the source.