BROKER RISK MANAGEMENT
WEEKLY PRACTICE TIP
Smoke Alarms and CO Detectors in Rentals
Q: I have a listing on a rental. The apartment has battery-operated smoke detectors and a carbon monoxide detector that plugs into the AC outlet. I want to make sure that the tenants don’t remove or disable these detectors, and know that they are responsible for informing the landlord if they don’t work. How can I do that?
A: There’s a form for that.
You are correct to worry about that. Smoke Alarms and CO detectors are required in all rentals. Those devices should be in working order at all times. Landlords have the obligation to check that both types of these devices are working.
PRACTICE TIP: Use the following Addendum on every lease, whether you are representing the landlord or the tenant. That way, you have a record that you have made clear to the tenants what their responsibilities are with regard to these essential devices.
DO NOT FORWARD TO CLIENTS. This Weekly Practice Tip is for the exclusive use of clients of Broker Risk Management and their agents. It may not be reproduced or distributed without the express written consent of Broker Risk Management. The advice and recommendations contained herein are not necessarily indicative of standards of care in the industry, but rather are intended to suggest good risk management practices.
(Insert Broker Name)
SMOKE ALARM/CARBON MONOXIDE (CO) ADDENDUM
This is an Addendum to that Lease/Rental Agreement between Owner and Tenants
dated _____________, 201__ for that property at: ___________________________________,
(Street Address)
Unit # ________; _______________________________, CA _______________.
(City) (Zip Code)
OWNER AND TENANTS MUTUALLY AGREE AS FOLLOWS:
1. Each tenant agrees to inform the Owner or agent immediately of any defect, malfunction or failure of any smoke alarm or CO detector.
2. Tenants shall allow Owner or agent access to the premises to install, repair, test or maintain smoke alarms and CO devices.
3. IF SMOKE ALARMS ARE BATTERY-OPERATED: Each Tenant understands that said smoke alarms are battery-operated and it shall be each Tenant’s responsibility to immediately inform the Owner or agent if a smoke alarm does not work.
4. If the premises are equipped with plug-in CO detector devices, Tenants agree not to remove those devices, and to report any malfunction of any CO detector to the Owner immediately.
5. It shall be a violation of this Lease/Rental Agreement to remove batteries from any of these devices, or to swap batteries from these devices for other batteries unless Tenant chooses to replace existing batteries with fresh new, fully-charged batteries.
Each Tenant acknowledges that all smoke alarms and CO detection devices in the premises were tested and operable in the presence of Tenant at time of initial occupancy and the devices were operating properly at that time.
_______________________________________ __________________, 201__
Owner Date
_______________________________________ __________________, 201__
Tenant Date
_______________________________________ __________________, 201__
Tenant Date