New Jersey Carbon Monoxide & Smoke Detector Laws for Renters

If you’re renting a home or apartment in New Jersey, your safety is protected by laws that require landlords to provide working smoke alarms and carbon monoxide detectors. Knowing your rights and the state’s requirements can help ensure your home meets health and safety standards, and empower you to act if something’s not right.

What New Jersey Law Requires for Carbon Monoxide and Smoke Detectors

New Jersey has strict standards for smoke alarms and carbon monoxide detectors in rental properties. Both are required by law in most residential rentals. Here’s what tenants need to know:

• Smoke alarms must be installed on every level of the dwelling, including basements, and outside sleeping areas.
• Carbon monoxide (CO) detectors are required in any dwelling that contains a fuel-burning appliance, fireplace, or has an attached garage.
• The landlord is responsible for installing and maintaining these devices. Tenants are expected to notify landlords if devices aren’t working.

These requirements are established under New Jersey’s Statutes Title 52, Chapter 27D (Division of Codes and Standards) and are enforced during rental inspections and property transfers.^[1]

Where and When Detectors Are Needed

• Every rental unit (apartment, house, condo) must have smoke alarms as specified by the state’s Fire Code.
• CO detectors are only required if the property uses gas, oil, wood, or has an attached garage.
• Devices must be in working order at the time a new lease begins or when a rental is re-occupied.
• Landlords must certify the installation before a tenant moves in by obtaining a “Certificate of Smoke Detector and Carbon Monoxide Alarm Compliance.”

Landlord and Tenant Responsibilities

Understanding who does what will help keep your unit safe and avoid disputes:

• Landlord duties:
  • Install smoke alarms and CO detectors as required by law
  • Provide working detectors at move-in and at the start of any new lease term
  • Obtain and display the required certificate after inspection
• Tenant duties:
  • Report missing or non-functional alarms to the landlord
  • Replace batteries where responsible (if not hardwired)
  • Allow access for inspections and repairs

What to Do If Detectors Are Missing or Not Working

If you notice a smoke alarm or carbon monoxide detector is missing or doesn’t work:

• Contact your landlord immediately, preferably in writing.
• If they don’t respond or fix the issue promptly, you can file a safety complaint with your local code enforcement office.
• If necessary, contact the New Jersey Department of Community Affairs, Division of Codes and Standards.

Obtaining and Using the Official Certificate

Before a new rental or lease transfer, New Jersey law requires landlords to get a Certificate of Smoke Detector and Carbon Monoxide Alarm Compliance (CSDCMAC) (No standard statewide form number; issued by local fire officials). This certificate proves the unit has compliant detectors. Your landlord should display this certificate or give you a copy if you request it.

• Use: This form is required prior to tenant move-in, or when a unit is transferred or sold.
• Practical example: If you are moving into a new apartment and you have concerns about detectors, ask your landlord for proof of a current CSDCMAC from your local fire official.
• Find your local fire official and certification procedure

Landlords who fail to install or maintain detectors can face fines and enforcement action. As a renter, knowing these steps helps keep you safe and ensures your landlord follows the law.

Relevant Law and Where to Get Help

In addition to the New Jersey Fire Code and Statutes Title 52, tenant rights are also protected by the New Jersey Statutes Title 46:8-19 – Landlord and Tenant provisions. Disputes can be handled through the New Jersey Superior Court, Special Civil Part – Landlord/Tenant Section, which deals with issues like maintenance and safety.

Frequently Asked Questions About Detector Laws in New Jersey

1. Do I have to buy my own smoke or carbon monoxide detectors as a renter in New Jersey?
   No, the landlord must provide and install smoke and CO detectors. However, renters may be responsible for replacing batteries unless the devices are hardwired.
2. What should I do if my landlord won't fix a broken smoke or carbon monoxide detector?
   Notify your landlord in writing. If they do not respond, file a complaint with your local code enforcement or fire office. Persistent issues may also be brought to the New Jersey Superior Court, Special Civil Part – Landlord/Tenant Section.
3. Are detectors required in every bedroom?
   Smoke alarms must be outside each sleeping area and on every level. Carbon monoxide detectors generally must be within 10 feet of sleeping areas, but local codes may specify additional placement.
4. Can my landlord charge me if I damage or remove a detector?
   Yes, if a tenant willfully damages or removes a detector, the landlord may charge for repair or replacement under lease terms and state law.
5. How do I check if my unit was inspected for detectors?
   Ask your landlord for the Certificate of Smoke Detector and Carbon Monoxide Alarm Compliance. You may also contact your local fire department to confirm compliance.

Key Takeaways for Renters

• New Jersey law requires smoke alarms and carbon monoxide detectors in most rentals, provided and maintained by the landlord.
• Landlords must certify the unit is compliant before a new tenant moves in, using a certificate from the local fire official.
• Tenants should report issues in writing and can file official complaints if safety requirements aren’t met.

Need Help? Resources for Renters

• NJ Department of Community Affairs: Housing Code Enforcement – For rental safety and compliance issues
• Division of Codes and Standards – Statutes Title 52
• New Jersey Superior Court, Special Civil Part – Landlord/Tenant Section – For formal disputes
• Locate your local fire official for certification and complaints

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1. New Jersey Department of Community Affairs – Housing Code Enforcement
2. Smoke and Carbon Monoxide Detector Law FAQ – NJ DCA
3. New Jersey Superior Court - Landlord/Tenant
4. NJ Statutes Title 52, Chapter 27D & Title 46:8-19

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