Legal Question in Landlord & Tenant Law in California

I am a landlord of a single family house in the San Diego, CA area. It is not rent controlled or Sec. 8. Last year, I provided my new tenants with new working, portable fire extinguisher for the kitchen and in rental agreement (which they signed), it states that they will be responsible for making sure it's inspected annually by an authorized service, and recharged or refilled as necessary.

What are the exact laws about this for California? Since they signed the rental agreement, are *they* really responsible for doing this, or in CA, does the responsibility fall to me --which is fine, but I just need to know.

Also, since I provide the fire extinguisher, does it have to be formally mounted on the wall in the kitchen?? Would that be any wall in the kitchen or the one nearest the stove? Is there a law that in CA that says how high off the ground it must be? (Yes, I know CA can be chock full of regulations!)

Thank you!


Asked on 2/04/12, 12:56 pm

1 Answer from Attorneys

There are no landlord/tenant laws regarding fire extinguishers, however a landlord may take on liability for fire extinguishers being operational if the landlord provides them. Both parties are required to comply with the lease. Leases are subject to interpretation, no matter how clear anyone thinks they are. That is pretty much all the law on the subject.

One landlord to another: forget the fire extinguishers, get them out of the lease, carry good owner's insurance on rental property, and require them to carry rental insurance. Any fire professional will tell you that for as many times as people successfully put out a serious fire in the home, there are people who get injured trying to put out serious fires in the home. Insure and let the tenants fight or flee fires as they choose.

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Answered on 2/05/12, 12:23 am


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