LEGALLY REVIEWED BY:
Callahan & Blaine
January 24, 2017

If you are living in a rental property in California, you know that your landlord has certain responsibilities under the law. This includes ensuring a home has working smoke detectors throughout the property to alert renters in the event of a fire. Smoke detectors are mandatory in all properties in the state, and landlords are obligated to provide their tenants with functioning detectors in both commercial and residential buildings.  

According to SFGate.com, California law is rather strict when it comes to the presence of smoke detectors within properties. The type of smoke detector and where it is situated in the home can actually change based on the age of the property. Older homes can utilize battery-powered smoke detectors, which must be placed outside of each bedroom. When it comes to homes constructed after 1992, smoke detectors with hardwiring and accompanying battery backups should be placed both outside and inside each bedroom. Additionally, apartments must have working detectors in all stairwells.

Smoke detectors are mandated by the same habitability laws that obligate landlords to create a safe and livable property for tenants. For instance, your landlord must provide you with a functioning plumbing system, protection from the elements, working appliances, trash receptacles and many other features. Failure to do so can get the landlord in legal trouble and may even render your living space as uninhabitable.

While the landlord holds many responsibilities when it comes to fire safety, tenants also hold some obligations. Proper upkeep is primarily the concern of the tenant, who must regularly test detectors and replace batteries as needed once they are installed. Also, tenants should not remove smoke detectors under any circumstances.

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Legally reviewed by:
Callahan & Blaine
January 24, 2017

Callahan & Blaine, established in 1984, is a leading litigation firm with a legacy of delivering exceptional results for our clients. With over 700 years of combined trial experience and a proven track record of more than $1 billion in verdicts and settlements, our team of highly recognized attorneys specialize in handling complex and high-stakes civil cases with unparalleled efficiency and skill.

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