Legal Question in Landlord & Tenant Law in California

Re: Smoke Detectors

While I do agree with Mr. Bennett - I am also a landlord as well as an attorney. If you have the simple battery operated devices the alarm will go off when the battery is bad. I would say it is much simpler for you to purchase a battery and replace it and then deduct the battery cost while sending the receipt with this agreement with the landlord. I supply my tenants with a pile of batteries for just this purpose. Really now, it takes you a few minutes to do this and any reasonable landlord will have no problem with it - if you want to call them every time the beeping alarm goes off this will create a problem for all. So if you send a letter about a non-operating unit and just let the alarm beep for a week or be in an inoperable condition while you do nothing to change it waiting for the landlord to come and change it out - I think you will probably have some responsibility for reasonably failing to protect the property if something happens - you are there - they are not - it is your responsibility to notify the landlord - if it is an immediate hazard to the property you call and then you fix it if you do not hear from the landlord. Imagine watching a pipe burst and just letting the water run through the house while you wait for a response to a letter!

In reality: Do you really want the landlord to enter your home to change a battery? They can do that without you there you know.

So while technically and legally it is the landlords responsibility to maintain the smoke detectors - it is also your responsibility to inform the landlord if the alarm goes off like any other defect in the home. So really the question is ... what is your point???? Try and have a good relationship unless you want the landlord to have to post a notice of entry and come to your house every few weeks to check the smoke alarm. If it is some other device then battery operated the landlord needs to maintain it in working order - the device would dictate the terms of that maintenance.

As far as requiring you to do this - you are required to notify the landlord of defects or dead batteries.

FYI - do not rely on your local fire department for legal advice - they put out burning fires - we put out paper fires!

Re: Smoke Detectors

You are correct.

You should write landlord a certified letter regarding this and give 7 days to correct.

After a week, you can "repair and deduct" (good) or withhold rent (bad).

Please feel free to e-mail, or call, my office if you need more.