This is a complete guide on who is responsible for smoke detectors in a rental property in Florida.
You’ll learn who has to install smoke alarms and where.
Also, who has to change the batteries.
Let’s jump right in.
Here are the most important topics on smoke detector responsibility in Florida rental properties.
- Who is responsible for installing smoke detectors?
- Who is responsible for changing batteries?
- Where should smoke alarms be installed?
- Are carbon monoxide detectors required?
- Section 8 smoke detector requirements
- Do lenders require smoke detectors?
- Do appraisers require smoke alarms?
- Best smoke alarms for landlords
Who is responsible for installing smoke detectors in a rental property in Florida?
According to the 2023 Florida Statutes, smoke detectors are the landlord responsibility for single-family rental properties in Florida. This Florida Statute also applies to duplex and multifamily investment properties.
This law can be found in the “Landlord’s obligation to maintain premises” section of Chapter 83 Title VI (83.51) of the 2022 Florida Statutes. Which includes 2023 Special Session B.
Section 5(b) states:
“Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term “smoke detection device” means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards.”
Who is responsible for changing batteries in a smoke detector in a rental property in Florida?
It is the tenant’s responsibility to replace batteries in a battery operated smoke alarm. Florida landlords usually put a clause in the lease agreement stating that tenants are responsible for testing and changing smoke detector batteries.
Since 2015, new regulations require landlords to install or replace smoke detectors with tamper-resistant 10-year lithium batteries. If a tenant tampered with a smoke detector or did not replace dead batteries, tenants may be liable for any property damage caused by a fire.
Therefore, a tenant should make sure everything is in good working order to keep a property safe and prevent injuries.
Where should smoke alarms be installed?
Smoke detectors must be installed in a hallway or area outside bedrooms. The devices must be installed at least 10 feet from any cooking appliances. Florida Building Codes require that rental units should have at least one smoke detector on each floor.
The smoke alarm devices should be positioned high on a wall or the ceiling. If the landlord failed to test or didn’t properly position the smoke alarm devices, the landlord may be liable for any fire damages.
Are carbon monoxide detectors required in a rental property?
According to Florida Statute 553.885, new construction homes built after July 1, 2008 with fossil-fuel-burning heaters or appliances, a fireplace or an attached garage shall, must have a carbon monoxide detector installed within 10 feet of each room for sleeping purposes.
For example, in a townhome with an attached garage, landlords would be responsible for the installation of smoke detectors and carbon monoxide detectors within 10 feet of each bedroom. Property positioned high on a wall or the ceiling.
Carbon monoxide poisoning results in vomiting, dizziness, headaches, and confusion. Therefore, tenants can potentially die before they know carbon monoxide is circulating in large quantities. Early detection devices such as carbon monoxide detectors are crucial to protect tenants or anyone occupying your rentals.
Section 8 Housing Smoke Detector Requirements in FL
Florida Section 8 Housing Voucher Program (HCV) follows the HUD Federal Housing Quality Standards. According to HUD Guidelines, a single dwelling unit may be inspected once every two years for fire alarms.
Here’s how to be in compliance with Federal Housing Quality Standards and Florida Building Codes. Landlord’s must follow the manufacturer’s instructions regarding the installation to protect the tenants and avoid property damage.
Do lenders require smoke detectors?
When applying for a 30-year rental loan, traditional banks will request an appraisal. The same applies to real estate investors who finance rental properties with hard money lenders in Florida. Lenders request appraisals to confirm your rentals are following all the local building codes and state laws.
Pro tip: Your lease agreement should state if the tenant is responsible for replacing batteries and/or any maintenance. If you rent in an apartment complex, the HOA may perform the maintenance of the smoke alarm system. Make sure you put a clause in your rental agreement, if the HOA will be visiting the tenant to test the fire alarms and sprinkler system (if any).
Do appraisers require smoke alarms?
Appraisers will confirm that early detection fire alarms are properly installed according to Chapter 83 Title VI (83.51) of the 2022 Florida Statutes. They will also confirm carbon monoxide detectors are installed according to Florida Statute 553.885. Both that we discussed in this article.
Appraisers will then test each individual unit to confirm if any need replacing. Properly installed and working alarms affect your appraisal value. If you are looking to rent your apartment or rental property as soon as possible, make sure you position and test every fire alarm property.
Best smoke alarms for landlords
We help real estate investors purchase or refinance investment properties in Florida. Therefore, we can tell you that smoke alarms are essential to getting approved for a hard money loan in Florida.
We do not get paid by smoke alarm companies, nor do we collect a commission. To avoid carbon monoxide poisoning, follow Florida law and get a good appraisal, make sure to purchase combination smoke alarm and carbon monoxide detectors.