Is a landlord required to maintain a smoke detector or provide a fire extinguisher/sprinklers?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is a landlord required to maintain a smoke detector or provide a fire extinguisher/sprinklers?

There was a firs and 2 smoke detectors did not work. Also, there were no fire extinguishers or sprinklers installed in the apartment. In IN.

Asked on May 17, 2011 under Real Estate Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

As of January 2010 24 states have enacted laws regarding carbon monoxide detectors or smoke alarms.  Indiana's code on smoke detectors has a focus on the responsibilities of the tenant, and not the landlord.  In other words, under Indiana law the landlord is not required to act but rather the tenant has that responsibility in the first instance.  Here is the law:

32-31-7-5 Duties of tenant during occupancy

(6) Ensure that each smoke detector installed in the tenant's rental unit remains functional and is not disabled. If the smoke detector is battery operated, the tenant shall replace batteries in the smoke detector as necessary. If the smoke detector is hard wired into the rental unit's electrical system, and the tenant believes that the smoke detector is not functional, the tenant shall provide notice to the landlord under IC 22-11-18-3.5(e)(2).

Now, the last line leads me to believe that the burden may shift to the landlord on notice by the tenant.  I would check with local tenant groups on the matter and research this section of the Indiana Code.  As for fire extinguishers and/or sprinklers, they may be specific to the type of dwelling.  You can ask a local Fire Chief.  SOmetimes they are aware of the law.  Good luck.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption