Smoke detectors and maintenance of them in rental property is often a headache for tenants and landlords so here is the question this week for Ask Landlord Hank. Remember Hank is not an attorney and is not offering legal advice. If you have a question for him please fill out his form below.
Dear Landlord Hank,
We replaced the batteries in two smoke detectors in our rental because they beeped.
However, when we tried to place them back, one of them didn’t stop the beeps, and the other one “yelled” “Fire! Fire!” and we had to take it back down.
We notified the landlord yesterday when we gave him the keys back after moving out. But he says he will only give us our deposit after we replace the smoke detectors.
Isn’t he responsible for replacing them? I thought tenants were only responsible for batteries. What law could I show him, so he doesn’t keep money from the deposit? The property is in Westchester County, NY.
– Marie
Hi Marie,
Normally it is the landlord’s responsibility to install working smoke detectors when you move into the property, for the safety of both you and the property.
After a tenant moves in, the responsibilities for upkeep are typically shared. Once a tenant moves in, it is their job to test the detectors periodically and replace the batteries as needed. BUT if a detector stops working or malfunctions, it is the owner’s responsibility to repair or replace the detector.
The tenant must alert the owner of this issue, and it’s best to do so in writing.
Sincerely,
Hank Rossi
Each week I answer questions from landlords and property managers across the country in my “Dear Landlord Hank” blog in the digital magazine Rental Housing Journal. https://rentalhousingjournal.com/asklandlordhank/
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