Smoke and Carbon Monoxide Detectors: Your Landlord’s Legal Obligations

California Tenant Defense System | Justice Foundation

California law requires working smoke detectors in every dwelling unit and, since 2013, carbon monoxide detectors in most residential units. A landlord’s failure to install or maintain required detectors is both a habitability violation and, in the event of injury or death, a basis for substantial liability. Knowing your rights regarding these safety devices and how to enforce them protects your household.

Smoke Detector Requirements

California Health and Safety Code Section 13113.7 requires smoke detectors in every sleeping room and on each story of a dwelling, including the basement. For new construction and major renovations, detectors must be interconnected — when one sounds, all sound. Detectors must be tested and listed by an approved testing laboratory. Landlords are responsible for installing detectors and ensuring they are functioning at the beginning of each tenancy. Tenants are responsible for notifying the landlord if a detector malfunctions or the battery dies during the tenancy.

Carbon Monoxide Detector Requirements

California Health and Safety Code Section 17926 requires carbon monoxide detectors in all dwelling units that have a fossil fuel burning heater or appliance, fireplace, or attached garage. This covers the vast majority of California residential units. The requirements specify placement — outside each sleeping area, on each floor — and the types of approved detectors. Landlords must install CO detectors and ensure they function at the beginning of tenancy.

Enforcing These Requirements

If your unit lacks required smoke or carbon monoxide detectors — or if existing detectors are non-functional and the landlord refuses to repair or replace them — you have a habitability complaint. Send written notice to the landlord requesting installation or repair within a reasonable time. If the landlord fails to act, contact code enforcement — detector violations are among the most straightforward code enforcement actions and typically generate rapid landlord response. If you use repair-and-deduct to purchase and install a required detector yourself, the cost is minimal and clearly within the statute’s scope. The Justice Foundation kit includes detector requirement checklists and enforcement procedures.