Who's Responsible for Smoke Detectors: Landlord or Tenant?

Practical Insights From Speakers and Staff


Follow Us Online

Subscribe By Email

Would you also like to receive our monthly newsletter? *


Disclaimer

The content of this blog is intended for informational purposes only. As laws differ by jurisdiction, the information herein does not apply to every reader.

This blog is not intended to replace the role of a licensed attorney. You should not take, or refrain from taking, any legal action based upon the information contained on this blog without first seeking professional counsel.

Your use of the blog does not create an attorney-client relationship between you and any attorneys listed herein.

Comment Policy*

All comments are moderated before being displayed publicly. While discussion is encouraged, Sterling retains the right to post or not post any comments.

Comments which are off-topic, inflammatory, or clearly promoting commercial products or services will not be published.

Sterling Education Services is not a law firm and is not able to offer any legal advice.

*Policy Update

Commenting has been temporarily disabled for our blog as we are undergoing structural changes. Thank you for your patience and understanding during this time.

SES Legal Education Blog

Current Articles | RSS Feed RSS Feed

Who's Responsible for Smoke Detectors: Landlord or Tenant?

  
  
  
  

by Sean J. Coletti, Esq.

Failure to install approved smoke detectors* in each dwelling unit, to include mobile homes, under the landlord’s control is a base for an action (Idaho Code § 6-320).

Landlords' and Tenants' Duties

Property management maintenance installing smoker detector
  • Landlords must verify that that the smoke detectors are installed and in good working order at the commencement of the rental agreement.
  • The tenant must maintain the smoke detectors in good working order during the rental period.
  • The landlord must use an approved smoke detector as defined by statute.
  • If the landlord fails to provide adequate smoke detectors, the tenant may notify the landlord by certified mail, return receipt requested that, if working smoke detectors are not installed within 72 hours of receipt of the letter, the tenant may install smoke detectors and deduct the cost from the tenant’s next month’s rent. 
  • The landlord cannot remove smoke detectors installed by the tenant.
*An approved smoke detector is a battery-operated device that is capable of detecting visible or invisible particles of combustion and that bears a label or other identification issued by an approved testing agency having a service for inspection of materials and workmanship at the factory during fabrication and assembly.

Full List of State-by-State Residential Smoke Alarm Requirements Available Here
*Link Updated Sep 2013

 

About the Author:

Sean ColettiSean J. Coletti, with Hopkins Roden Crockett Hansen & Hoopes, PLLC in Idaho Falls, focuses his general practice on the areas of real property and commercial litigation, business law, insurance defense, banking and foreclosure law, and planning and zoning law. Mr. Coletti served as law clerk to the Honorable John C. Hohnhorst, Fifth Judicial District Court of the State of Idaho, Twin Falls County and as law clerk to the High Court of American Samoa.

Mr. Coletti received his B.A. from Brigham Young University and his J.D. from the University of Connecticut School of Law, where he served as executive editor of the Connecticut Law Review.

Mr. Coletti spoke at our Residential Landlord Tenant Law Seminar in Pocatello in 2011 and will speaking at the Landlord-Tenant Law Seminar in Pocatello in 2012. He also authored Lease Exculpatory Clauses in Idaho.


Landlord-Tenant Law
Sterling Education Border

Sign Up to Receive New Posts Directly to Your Inbox

Your email: