Florida Renters’ Guide to Carbon Monoxide & Smoke Detector Laws

Every Florida renter deserves a safe and healthy place to live. Understanding your rights and responsibilities—especially around carbon monoxide and smoke detectors—is key to protecting yourself and your loved ones. This article explains Florida’s safety requirements, maintenance rules, and what to do if detectors are missing or not working in your home.

Understanding Detector Requirements in Florida Rentals

Florida law sets standards for smoke alarms and, in certain cases, carbon monoxide alarms in residential rentals. Requirements depend on the building’s age, renovation status, and how it's heated.

Smoke Detector Requirements

• All rental units must have working smoke alarms in each sleeping area, outside sleeping areas, and on every floor, as outlined in the Florida Statutes Section 553.883 and Florida Fire Prevention Code.
• New or substantially renovated buildings (since 2014) may require hard-wired alarms with battery backup.
• For older buildings, battery-operated smoke detectors may be acceptable if compliant at the time of installation.

Detectors must be approved and operational at move-in.

Carbon Monoxide Detector Requirements

• Florida requires carbon monoxide alarms only in buildings with a fossil-fuel burning appliance (like a gas stove, heater, or fireplace), fireplace, or an attached garage.
• These alarms must be installed within 10 feet of each bedroom in units meeting these criteria (Florida Statutes Section 553.885).
• If your building is all-electric with no attached garage, a CO alarm is not technically required by state law.

If you aren’t sure if these requirements apply to your rental, ask your landlord or review your lease. You can also check with your local fire department for guidance.

Who Is Responsible for Installing and Maintaining Detectors?

Florida law generally holds landlords responsible for providing and installing detectors when tenants move in. After move-in:

• Landlords must ensure all detectors are operational at the start of the tenancy.
• Tenants are usually responsible for replacing standard batteries (unless stated otherwise in the lease or by local ordinance).
• Landlords must make repairs or replace malfunctioning detectors reported by tenants, as part of their duty to maintain a habitable home (see Florida Statutes Section 83.51).

What If Your Detectors Don’t Work or Are Missing?

• Notify your landlord in writing about missing or non-functioning detectors.
• Give your landlord a reasonable amount of time to address the issue—Florida law doesn’t specify an exact number of days, but 7 days is commonly considered reasonable for essential repairs.
• If your landlord does not act, you may have options under Florida Statutes Section 83.60 to withhold rent until repairs are made, but this requires careful notice. Seek legal advice before taking this step.

Florida’s Official Tenant-Landlord Tribunal

Florida does not have a central tribunal for residential tenancies. Most rental disputes (such as unresolved repair requests) are handled through your local county court. For complaints about unsafe living conditions, you can also contact your local code enforcement office or fire marshal for inspection and enforcement support.

• Find your local County Court: Florida State Courts Directory
• Locate county code enforcement: Check your county government website directory

Relevant Forms for Florida Renters

• Seven-Day Notice to Landlord to Correct Noncompliance (with Intent to Terminate Lease):
  If the landlord fails to make legally required repairs (such as restoring smoke or CO detectors), tenants can serve this written notice. This is not a specific state-generated form, but the language and requirements are found in Section 83.56(1), Florida Statutes. Templates are available from some local governments or legal aid agencies, but always include:
  • Your address and the issue clearly described
  • The date
  • A statement that the lease will terminate if repairs are not made within 7 days
  See sample language on the official Florida Statutes – Notice to Landlord.

Always send repair requests in writing and keep a copy for your records.

1. Do Florida landlords have to install smoke detectors in all rentals?
   Yes. All residential rentals in Florida must have smoke alarms meeting state code, with requirements based on when the unit was built or renovated.
2. When is a carbon monoxide detector required by law in a Florida rental?
   CO alarms are required if your unit has a fuel-burning appliance, fireplace, or an attached garage. All-electric units without these do not require CO alarms.
3. Who pays for replacing batteries or broken detectors in Florida?
   Tenants generally replace standard batteries during their tenancy, but the landlord must repair or replace detectors that stop working (at no tenant fault).
4. What should I do if my landlord ignores my request to fix a missing or broken detector?
   Send a written notice. If not resolved in 7 days, you may have legal rights to withhold rent or terminate your lease after following statutory procedures. Seek legal advice first.
5. Is there a state complaint form if my landlord refuses to address safety issues?
   There is no specific state form for smoke/CO complaints. Report urgent safety issues to your local code enforcement; most accept complaints online or in writing.

Conclusion: Key Takeaways for Florida Renters

• Florida law protects renters by requiring smoke alarms in all rentals, and CO alarms in certain cases.
• Landlords are responsible for installation and repair; tenants typically replace detector batteries.
• Send written requests for repairs and seek help from local authorities if safety issues remain unresolved.

Stay informed to help ensure your rental meets basic safety standards.

Need Help? Resources for Renters

• Learn more from the Florida Legal Services Renters and Tenants page
• Find your local code enforcement or housing authority through your county government directory
• Access tenant-landlord information from the Florida Department of Agriculture and Consumer Services Tenant Guide
• For legal advice or questions about your rights, contact Legal Aid in your county

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1. Florida Statutes Section 553.883 (Smoke Alarms)
2. Florida Statutes Section 553.885 (Carbon Monoxide Alarms)
3. Florida Statutes Section 83.51 (Landlord Maintenance Responsibilities)
4. Florida Statutes Section 83.56 (Tenant Notice to Landlord and Remedies)
5. Florida County Government Directory
6. Florida State Courts Directory

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