All states have laws (statutes) that require landlords to install and maintain smoke detectors in leased residential premises (apartments, homes).
Some states such as Iowa, Maine, Massachusetts, Ohio, and Vermont require photoelectric or ionization sensors—at least in new construction. And Oregon requires smoke detectors with a HUSH mechanism that allows the alarm to be silenced or temporarily desensitized for 7 minutes while a known condition such as cooking is causing the alarm to activate.
Most states also require landlords to install and maintain carbon monoxide detectors in leased residential premises. Smoke and carbon monoxide detectors are widely available in the same device.
In Texas, state statutes require landlords to install and maintain smoke detectors in leased residential premises. The Texas Property Code (Sec. 92.257) mandates that smoke detectors be installed in each bedroom, in any room used for sleeping, and in any hallway leading to the bedrooms. These detectors must be in accordance with the fire safety standards in the building code. Texas does not specify the type of smoke detector technology to be used (such as photoelectric or ionization), unlike some other states. Additionally, Texas law (Sec. 92.259) requires the installation and maintenance of carbon monoxide detectors in residential rental properties that have a fuel-burning heater or appliance, a fireplace, or an attached garage. Landlords are responsible for testing and ensuring the smoke and carbon monoxide detectors are in good working condition at the beginning of a lease term, and tenants are responsible for battery replacement during their occupancy unless the lease provides otherwise.
