Make Annual Landlord Detector Inspections Mandatory
FOR REALTORS/LANDLORDS: March 2023 Substack Exclusive
By Anna Quinn, Go4Rent Staff Writer
(Ellen L. Gilmer contributed research to this post.)
Testing smoke and carbon monoxide detectors can protect landlords from spiking utility bills, costly building violation fines and even criminal penalties. Most importantly, it can keep tenants safe.
Property owners should know that fires in homes without working smoke alarms had more than twice as many deaths per 1,000 fires compared to homes with working detectors, according to the National Fire Protection Association. And even with requirements for detectors, carbon monoxide poisoning claims the lives of hundreds of people and injures thousands more each year, reports the Centers for Disease Control and Prevention (CDC).
Although annual inspections of these life-saving devices aren’t required by law in Texas and Florida, checking them regularly benefits all involved. According to the U.S. Fire Administration, the leading causes of multi-unit home fires are heating-related fires, cooking fires, electrical malfunctions, and other careless or accidental fires.
Here’s what else property owners should know about fire safety laws in each state and why landlords should consider adding inspections to their yearly checklist.
What the Law Requires
In both Florida and Texas, landlords are required to install and maintain smoke detectors for residential tenants.
In Texas, state law dictates that detectors be put in each bedroom in a unit, as well as in any corridor that serves multiple bedrooms. In a multi-floor unit, at least one smoke detector must be installed on each level.
Florida law similarly specifies that smoke detectors be put in every bedroom and outside each sleeping area. Detectors are also recommended in living areas and hallways.
For carbon monoxide detectors, Florida law requires any separate structure or addition to an existing residential building must have a working carbon monoxide detector installed if it contains:
a heater or other appliance that burns fossil fuel,
a working fireplace,
an attached garage, or
another item or element that emits carbon monoxide as a byproduct of fuel combustion.
Florida landlords must install and maintain carbon monoxide detectors in these residential rental properties.
A recent Texas state law requires that all residences built since June 2022 have carbon monoxide detectors installed as well. As in Florida, these devices must be placed near bedrooms and other sleeping areas and on each level of multi-floor residences.
While less obvious than furnaces or fireplaces, malfunctioning or leaking water heaters in a multi-unit building’s boiler room can also cause carbon monoxide poisoning. Installing this device in the basement and testing it annually can help prevent dangerous leaks that might go undetected. Otherwise, residents might mistake flu-like symptoms (dizziness, nausea, chest pain, headaches, blurry vision, etc.) of carbon monoxide poisoning for other viruses.
Who Should Inspect and When?
Annual inspections, while not required by law, are recommended by experts when it comes to fire and carbon monoxide safety.
The U.S. Fire Administration recommends checking smoke detectors and their batteries each month. Missing, disconnected or dead batteries are often to blame when smoke detectors don’t go off during a fire.
When it comes to rental properties, landlords are responsible for testing or installing a smoke detector when a tenant moves in. Tenants are then responsible for alerting the landlord in writing if the detector needs repair. However, they must be current on rent payments in order to do so. If the smoke detector is broken by a tenant or their family or guests, landlords do not have to repair it until the tenant provides the cost to do so.
Including a smoke detector addendum in the lease regarding who is responsible for what adds an extra layer of security. Additionally, keeping track of inspections will help avoid liability from insurance companies, who often investigate which party is responsible for checking detectors. If the language is not already in the lease, depending on the insurance terms, the landlord and/or the tenant may be at risk of being blamed. For condo associations, the condo board may also have to get involved if the lease doesn’t have specific instructions on fire prevention.
Landlords should also make sure they know when to replace a smoke detector since most last a maximum of 10 years. A date stamped on the back of the smoke detector will note when it needs to be replaced.
The CDC recommends checking or replacing a detector’s batteries twice a year and having heating systems; water heaters; and any other gas, oil or coal burning appliances serviced by a technician annually.
Why It Matters
Beyond the obvious safety reasons, following these inspection recommendations can save landlords from paying costly fines.
Texas landlords who ignore state requirements for smoke and carbon monoxide detectors could receive a criminal penalty, resulting in a fine up to $10,000. Meanwhile, in 2021, building fires caused 466 civilian injuries and 133 civilian deaths. That same year, hundreds of cases of carbon monoxide poisoning were reported across the state.
In Florida, state officers can issue citations for violating fire safety codes. If landlords do not address the violation or do not show up in court to contest it, they are liable for up to $500 in penalties and lose their right to contest the violation later. Costly citations can also come from local enforcement agencies. In one example from 2021, a Miami condo association was ordered to pay more than $25,000 for five fire code violations. That same year, 130 people died from a fire or flame injury, and more than 130 cases of carbon monoxide poisoning were reported in the state.
Ensuring smoke and carbon monoxide detectors are working properly by completing regular inspections can be the first step in preventing these serious consequences in all homes.
Do you want more information about Go4Rent’s services? Are you a Texas or Florida resident looking for a new home? Visit Go4Rent.com today!