Illinois Carbon Monoxide and Smoke Detector Laws for Renters

Staying safe in your Illinois rental home starts with knowing that your unit should have working carbon monoxide and smoke detectors. Illinois law ensures that landlords and tenants have clear responsibilities when it comes to installing and maintaining these essential life-saving devices. This article breaks down your rights and obligations as a renter, point-by-point, with practical steps if something goes wrong.

Your Rights as a Renter: Detectors in Illinois Rentals

Illinois state law requires that all rental homes, including apartments and houses, are equipped with:

• Smoke detectors—placed in every sleeping area, within 15 feet of bedrooms, and on every level, including basements.
• Carbon monoxide detectors—installed within 15 feet of all sleeping areas in units that have fuel-burning appliances (like a gas furnace, oven, or water heater) or an attached garage.

Both detectors must meet requirements in the Illinois Smoke Detector Act and Carbon Monoxide Alarm Detector Act. For details, see the Illinois Smoke Detector Act and the Carbon Monoxide Alarm Detector Act.^[1][2]

Landlord Responsibilities

• Provide and install required detectors before you move in.
• Fix or replace detectors within a "reasonable time" of being notified by the tenant that a device isn't working.
• Supply detectors that comply with state regulations (for example, sealed 10-year batteries for smoke detectors as of 2023).

Renter (Tenant) Responsibilities

• Regularly test detectors (usually by pressing the test button).
• Notify the landlord in writing if a device doesn’t work, is missing, or was damaged.
• Change batteries if removable batteries are installed, unless the lease or city code says otherwise.
• Never disable or remove required detectors.

What to Do if Your Detectors Aren’t Working

If you notice your detector is beeping, missing, or not working, take action to protect yourself and stay in compliance with the law. Here are your steps:

• Test the device to confirm it's not working or contact your landlord if the device is missing.
• Send written notice to your landlord as soon as possible. Keep a copy for your records.
• If the landlord doesn’t respond, you may be able to:
  • File a health and safety complaint to your local building or code enforcement office.
  • Contact the Illinois Department of Financial and Professional Regulation: Tenant Landlord Rights for guidance.

Relevant Official Forms for Renters

• Notice of Maintenance Issue (local forms often provided by city or town; Illinois does not have a statewide standard form)
  • When to use: If you discover a missing or non-working detector, use your local jurisdiction’s "Notice of Repair" or "Maintenance Request" form, or simply submit a written letter/email outlining the issue to your landlord.
  • How to use: Clearly state the problem, the location of the affected device, and request prompt repair or replacement. Keep a copy for your records. Check with your city or county housing department for official templates.
  • Chicago Residential Repair Request Form (example)
• Complaint Forms for Code Violation
  • When to use: If your landlord fails to act after proper notice and the situation remains unsafe.
  • How to use: Find your city or county’s building department (for example, Chicago Building Violation Complaint Form), fill in the details, and submit as instructed online or in person. Always include copies of your communication with the landlord.

There is no single state-level eviction or repairs form for this issue; most forms are handled by your local municipality or county. Always check your city or county housing authority website for local requirements and downloadable forms.

What Official Board Handles Rental Disputes?

Rental housing disputes in Illinois may involve the local building department (for health and safety/code issues) or, in Chicago, the Department of Housing – Rents Rights. Statewide, the main tribunal is your local Circuit Court Housing Division (for example, Cook County Housing Division handles many rental disputes).

All rights discussed here are based on the Illinois Residential Tenants’ Rights Act and local municipal codes in cities like Chicago and Springfield.^[3]

Quick Summary

Detectors save lives. Illinois law makes sure you’re protected, but both you and your landlord have duties for installation and maintenance. If something’s wrong, act quickly, communicate in writing, and escalate if needed for your safety and legal protection.

FAQ: Illinois Renter Questions on Detectors

1. Who is responsible for replacing the batteries in detectors?
   Generally, tenants are responsible for changing batteries unless your city ordinance or lease says otherwise. As of 2023, new smoke detectors must have sealed 10-year batteries, so battery changes aren’t needed for these.
2. What can I do if my landlord ignores my request to fix a detector?
   If your landlord does not respond after you’ve notified them in writing, you can file a code complaint with your local building department. Keep records of all requests.
3. Do I need a carbon monoxide detector if my rental uses only electricity?
   No. Carbon monoxide detectors are only required if there are fuel-burning appliances (gas, oil, wood) or an attached garage.
4. Can the landlord enter my unit to check or replace detectors?
   Yes, but they must give you proper notice prior to entry, except in emergencies. "Proper notice" is typically 24–48 hours and should be stated in your lease or local ordinance.
5. What is the penalty if my landlord does not provide a working detector?
   Depending on your city, landlords may face fines or penalties for code violations. You may also be able to terminate your lease in some cases if the violation is not fixed.

Need Help? Resources for Renters

• Illinois Smoke Detector Act – Official legislation
• Carbon Monoxide Alarm Detector Act – Official legislation
• Illinois Tenant Ombudsman Program
• Illinois Department of Financial and Professional Regulation – Tenant Landlord Rights
• City of Chicago Renter Resources
• Chicago Repair Request Form for Tenants
• Chicago Building Violation Complaint Portal
• Cook County Housing Division – For Tribunal Information

---

1. [1] Illinois Smoke Detector Act
2. [2] Carbon Monoxide Alarm Detector Act
3. [3] Illinois Residential Tenants’ Rights Act

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations