Smoke Detectors

SMOKE DETECTORS:

   Smoke detectors are required by the state law and may also be mandated by local ordinances. For more information on whether your community has adopted such ordinances, consult your local building ,fire, or housing codes. The landlord must install at lease one smoke detector in each bedroom. If a corridor serves serval bedrooms, one smoke detectors must be installed in the corridor in the immediate vicinity of those bedrooms. In an efficiency apartment where the same room is used for dining, living, and sleeping purposes, the smoke detector must be located inside the room. If the dwelling is multiple level, a smoke detector must be placed on each level.

  If a smoke detector in your house and or apartment isn't properly installed, request that the landlord reinstall it by providing the landlord a written notice. It's a good idea to keep a copy of the notice for yourself as well.

   The landlord has the duty to inspect and test the smoke detector at the beginning of your tenancy ( or at the time of installation). After you have moved in, the landlord's duty applies only if you provide the landlord notice of a malfunction or request the landlord for inspection or repair.  The notice need not to be in writing, unless the landlord and tenant agreed in the lease that such notice must be in writing(however, it's always better to notify the landlord in writing and keep a copy). The landlord has a reasonable time to inspect and repair the smoke detector, considering the availability of materials, labor, and utilities. A landlord had no duty to inspect or repair a smoke detector that has been damaged by you or your family or guests, unless you pay in advance for the reasonable costs of the repair or replacement. The landlord also has no duty to provide replacement batteries for a battery-operated smoke detector, as long as it was operating when you moved in.

   For more information on procedure and remedies on smoke detector go to www.texasbar.com