Smoke Alarms and Carbon Monoxide Detectors in California Rentals

Every California dwelling unit, including rented single-family homes, condos and apartments, must have smoke alarms approved and listed by the State Fire Marshal (Health and Safety Code § 13113.7), and every unit with a fossil-fuel-burning heater or appliance, a fireplace or an attached garage must have a carbon monoxide device (Health and Safety Code § 17926). The owner of a rental must test and maintain both, and must make sure they work when a new tenant moves in. The tenant's job is to report an alarm or device that is not working.

At a glance

What the law says: smoke alarms

Where they are required

Health and Safety Code § 13113.7 requires smoke alarms approved and listed by the State Fire Marshal in each dwelling unit, installed according to the manufacturer's instructions. The statute's definition of dwelling unit covers one- and two-unit dwellings, condominiums and apartments, so it reaches the typical rented house or condo as well as apartment buildings.

Who is responsible

• The owner of a rented apartment or multi-unit complex is responsible for testing and maintaining the smoke alarms.
• Since January 1, 2014, the owner of a rented single-family dwelling has the same responsibility.
• The owner must make sure the alarms are operable when a new tenancy is created.
• The tenant must notify the owner if an alarm is inoperable.
• The owner must correct reported deficiencies, and is not in violation for a deficiency the owner was not told about.

These duties are set out in § 13113.7(d)(2).

Bringing older rentals up to current locations

By January 1, 2016, owners of rented units had to install additional smoke alarms as needed to meet current building-standard locations. Battery-operated alarms are acceptable for this if they are approved by the State Fire Marshal (§ 13113.7(d)(3)). The statute ties placement to the building standards rather than listing rooms, so check the current standards (or ask the local building or fire authority) for where alarms belong in your unit.

Penalty

A violation is an infraction punishable by a fine of up to $200 for each offense (§ 13113.7(e)).

What the law says: carbon monoxide devices

Which units need one

Health and Safety Code § 17926 requires a carbon monoxide device, listed by the State Fire Marshal, in each existing dwelling unit that has any of the following:

• a fossil-fuel-burning heater or appliance;
• a fireplace;
• an attached garage.

The deadline for single-family dwellings was July 1, 2011, and for all other dwelling units January 1, 2013. The number and placement of devices follow the building standards for new construction, or the manufacturer's instructions where it is technically feasible.

Who is responsible

Under Health and Safety Code § 17926.1:

• The owner of a rental must maintain the carbon monoxide devices.
• The device must be operable when the tenant takes possession.
• The tenant reports a defective device to the owner.
• The owner corrects reported defects.
• Entry to the unit for this work follows Civil Code § 1954.

Penalty

A violation is an infraction with a maximum fine of $200, but only after the owner has received a 30-day notice to correct (§ 17926(c)).

Who it applies to

Both laws apply to the owner of the rented unit, whether it is a single-family home, a condo or a unit in a larger building. The smoke alarm duties for single-family rentals have applied since January 1, 2014. The carbon monoxide rule depends on the unit, not the owner: a home with no fossil-fuel appliance, fireplace or attached garage is not within § 17926. A home with any one of the three is.

Getting in to service alarms

Health and Safety Code § 13113.7(d)(2) lets an owner enter to install, test or repair smoke alarms after reasonable written notice, during normal business hours, with 24 hours presumed reasonable. Entry for carbon monoxide devices follows Civil Code § 1954, which uses the same 24-hour presumption and adds that a mailed notice sent at least six days before entry is presumed reasonable. See when a landlord can enter.

Where the just-cause law applies, refusing the landlord lawful entry under Health and Safety Code § 13113.7 or § 17926.1 is listed as an at-fault just cause (Civil Code § 1946.2(b)(1)).

What owners should do

1. Inventory each unit. Note every smoke alarm, and whether the unit has a fossil-fuel heater or appliance, a fireplace or an attached garage (which triggers the carbon monoxide rule).
2. Use listed devices. Smoke alarms must be approved and listed by the State Fire Marshal, and carbon monoxide devices must be State Fire Marshal listed.
3. Check placement against current building standards and the manufacturer's instructions.
4. Test at every turnover. Before each new tenant moves in, test every alarm and device and record the result. A move-in and move-out checklist is a good place to log it.
5. Tell the tenant how to report problems and respond promptly to reports.
6. Give proper notice before entering to test or repair, and keep a copy.
7. Keep records of testing, replacement and tenant reports. Under § 13113.7 the owner is not in violation for a deficiency it was not told about, and records show when you learned of one.

What tenants should know

• Your home must have working smoke alarms when your tenancy starts, and a working carbon monoxide device if it has a fossil-fuel-burning heater or appliance, a fireplace or an attached garage.
• If an alarm or device stops working, tell the owner, ideally in writing. The owner must correct reported problems.
• The owner may enter to test or repair alarms with reasonable written notice during normal business hours.
• Where § 1946.2 applies, refusing lawful entry for this work is listed as an at-fault just cause, so arrange a time that works rather than refusing.
• For broader repair rights, see habitability and repairs.

Step-by-step guides

For the practical side of this rule, see these guides in the California Rental Handbook:

• The Move-In Inspection, Step by Step (California Photo Rules)
• Tenant Turnover Checklist for California Rentals
• Emergency Repairs in California Rentals: What Counts and Who Acts
• The Repairs and Maintenance Clause: Owner and Tenant Duties

Local rules

Some California cities add local rules on top of state law. A review of the Coronado Municipal Code's contents found no rental-housing inspection or rental-registration chapter as of October 2026, so these state rules are the baseline there; see the Coronado Rental Guide. Other San Diego County cities may differ; check your city's municipal code and local fire authority.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

Frequently asked questions

Is the landlord or the tenant responsible for smoke alarm batteries?

The statute assigns testing and maintenance to the owner of a rented unit, including a rented single-family home since January 1, 2014, and requires the alarms to be operable when a new tenancy is created. The tenant's statutory duty is to tell the owner when an alarm is inoperable, and the owner must then correct the problem.

Does every California rental need a carbon monoxide detector?

No. Health and Safety Code § 17926 requires a carbon monoxide device in each existing dwelling unit that has a fossil-fuel-burning heater or appliance, a fireplace or an attached garage. Check each unit for any of the three before deciding the rule does not apply.

Are battery-powered smoke alarms allowed?

For the requirement that rented units add alarms to meet current building-standard locations by January 1, 2016, battery-operated alarms are acceptable if they are approved by the State Fire Marshal. This page does not cover any other battery rules, so check the current law before buying alarms.

What happens if an owner does not comply?

A smoke alarm violation is an infraction with a fine of up to $200 per offense. A carbon monoxide violation is an infraction with a maximum fine of $200, after a 30-day notice to correct.

Is an owner liable for a broken alarm the tenant never reported?

Under § 13113.7, the owner is not in violation for a deficiency the owner was not notified of. The owner must still make sure alarms are operable when a new tenancy begins, so testing at turnover matters.

Does the landlord need to give notice before testing alarms?

Yes. The smoke alarm statute calls for reasonable written notice and entry during normal business hours, with 24 hours presumed reasonable. Entry for carbon monoxide devices follows Civil Code § 1954.

Sources

• Health and Safety Code § 13113.7 (opens in a new tab)
• Health and Safety Code § 17926 (opens in a new tab)
• Health and Safety Code § 17926.1 (opens in a new tab)
• Civil Code § 1954 (opens in a new tab)
• Civil Code § 1946.2 (opens in a new tab)

Verified October 19, 2026.