Delaware Renters: Carbon Monoxide & Smoke Detector Rules

If you rent a home or apartment in Delaware, protecting your health and safety starts with something simple: making sure your space has working smoke detectors and, if required, carbon monoxide detectors. Understanding the rules can help you keep your home safe—and know what steps to take if there’s a problem.

Delaware Law on Smoke and Carbon Monoxide Detectors

Delaware law requires landlords to provide and install smoke detectors in all rental homes. Carbon monoxide detectors are also required if any source of carbon monoxide is present, such as fuel-burning appliances, fireplaces, or attached garages. These requirements come from the Delaware Residential Landlord-Tenant Code and the Delaware State Fire Prevention Regulations.^[1]

What Must Landlords Provide?

• Smoke Detectors: Must be installed on every level and outside each sleeping area of the rental unit.
• Carbon Monoxide Detectors: Required if there is a fuel-burning appliance, fireplace, or an attached garage. They should be installed outside each sleeping area.
• Maintenance: Landlords are responsible for the initial installation and for ensuring detectors are operational when a new tenant moves in.

What Are Renters Responsible For?

• Testing detectors regularly and replacing batteries as needed during your tenancy
• Not disabling or removing detectors
• Promptly informing your landlord if a detector malfunctions or is missing

What to Do If Your Detectors Are Missing or Don’t Work

If your rental unit is missing required carbon monoxide or smoke detectors, or if ones installed are not working properly, it’s your right to ask your landlord to fix this immediately.

• Let your landlord know about the issue in writing—an email or written note works best, so you have a record.
• If the landlord does not act promptly, Delaware law allows you to file a complaint with your city’s Office of the State Fire Marshal or your local code enforcement office.

If you believe your safety is at risk because your landlord won’t provide working smoke or carbon monoxide detectors, contact your local fire marshal or housing code enforcement. Always keep copies of your written requests and any responses from your landlord.

Relevant Official Forms and Examples

• Delaware Rental Complaint Form: Used to report housing safety violations, including missing or faulty detectors.
  
  • When to use: If your landlord won’t fix or provide detectors after you’ve requested in writing.
  • How to use: Fill out the form with details and submit to the Delaware Department of Justice, Consumer Protection Unit. Download the official Rental Complaint Form here.
• Delaware Office of the State Fire Marshal Complaint Process: For immediate fire safety concerns.
  
  • When to use: For urgent issues with fire or carbon monoxide safety.
  • How to use: Call or file a written complaint with the Delaware State Fire Marshal.

The main agency that handles residential tenancy issues in Delaware is the Justice of the Peace Court, which oversees disputes between tenants and landlords, including safety and habitability concerns.^[2] For more on your rights and how to start a case, see the Justice of the Peace Court’s landlord/tenant resources.

FAQ: Delaware Smoke and Carbon Monoxide Detector Laws

1. Do landlords have to provide carbon monoxide detectors in every rental in Delaware?
   No, landlords must provide carbon monoxide detectors only if there’s a fuel-burning appliance, fireplace, or an attached garage. If your home is all-electric and has no attached garage, carbon monoxide detectors may not be required.
2. What should I do if my landlord won’t replace a missing or faulty detector?
   Write to your landlord requesting prompt repair or replacement. If they don’t act, you can file a complaint with the Delaware Department of Justice or your local fire marshal.
3. Can I install my own detector if my landlord refuses to?
   While you can temporarily install a battery-powered detector for your own safety, Delaware law says the landlord is responsible for providing and maintaining legally required detectors.
4. Are inspectors allowed to enter my rental to check detectors?
   Yes, with notice and as part of scheduled safety or code inspections, city officials or the fire marshal can inspect for safety compliance, including detectors.
5. Who replaces the batteries in smoke and carbon monoxide detectors?
   The tenant usually replaces batteries during the lease. The landlord is responsible for making sure new detectors have fresh batteries at move-in and that all devices are operational.

Need Help? Resources for Renters

• Delaware Office of the State Fire Marshal – Call for urgent safety concerns or to report missing detectors.
• Delaware Department of Justice Rental Complaint Form – For unresolved maintenance or safety issues.
• Justice of the Peace Court Landlord/Tenant Resources – For filing disputes or learning your rights as a renter.
• Attorney General’s Renter Rights Page – Free information and advocacy contacts for renters.

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1. Delaware Residential Landlord-Tenant Code, Sections 5301 & 5307: Landlord-Tenant Law (Delaware Code Title 25, Chapter 53)
2. Delaware Justice of the Peace Court: Official Landlord Tenant Dispute Information
3. Delaware State Fire Prevention Regulations, Chapter 16: Official Fire Safety Regulation PDF

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