New Jersey Smoke Alarm Laws: Tenant Duties & Rights

Smoke alarms are a crucial safety feature in every rental home. If you rent in New Jersey, both you and your landlord have specific legal responsibilities around smoke alarms, inspections, and maintenance. Understanding these duties is not just about following the law—it's about protecting yourself and your household.

Smoke Alarm Requirements in New Jersey Rentals

New Jersey law requires that all rental homes have smoke alarms installed and maintained. The rules apply to virtually all types of rentals, including apartments, condos, and single-family homes.^[1]

• Landlord’s Primary Duty: Your landlord must install smoke alarms and keep them in working order before you move in. The alarms must be on each level of the unit, including the basement.
• Ten-Year Sealed Battery Alarms: As of January 1, 2019, most battery-operated smoke alarms installed in New Jersey rental properties must be powered by a sealed, non-removable battery with a 10-year lifespan.^[2]
• Hardwired/Interconnected Systems: If your building was built after 1977 or has had substantial renovations, it might require hardwired, interconnected smoke alarms.

It is a violation of the New Jersey Hotel and Multiple Dwelling Law for a landlord not to provide proper smoke alarms.

Tenant Responsibilities for Smoke Alarms

Once you move in, you must keep smoke alarms in working order. This includes:

• Testing: Regularly test smoke alarms (usually monthly) to ensure they function.
• Batteries: Replace batteries in alarms that are not sealed 10-year types, unless the lease specifies otherwise. (Many homes now have sealed batteries that do not need replacement.)
• Reporting Defects: Promptly notify your landlord in writing if a smoke alarm is not working, missing, or damaged.
• Not Disabling or Removing Alarms: Never remove, cover, or disable a smoke alarm for any reason.

Rental Inspections and Smoke Alarm Certificates

Before a new tenant moves in, New Jersey requires landlords to obtain a Certificate of Smoke Detector, Carbon Monoxide Alarm and Fire Extinguisher Compliance (Form DFS-2). This certificate is issued by the local fire department or code official once the alarms are found compliant during inspection.^[3]

• When is this Form Used? Landlords use this certificate when a rental unit changes occupants (e.g., at the start of a new lease).
• What If There's No Certificate? You may contact your local fire department or the New Jersey Division of Fire Safety if you have concerns.
• How to See the Certificate? It's reasonable to ask your landlord for proof that your unit passed the required smoke alarm inspection before you moved in.

What to Do If Smoke Alarms Are Missing or Not Working

If you discover a missing or faulty smoke alarm in your unit:

• Notify your landlord or property owner as soon as possible, preferably in writing (e.g., by email or letter).
• If the issue is not addressed promptly, you may contact your local fire official or city housing code enforcement office.
• For unresolved disputes, renters can reach out to the New Jersey Bureau of Housing Inspection, which oversees housing safety issues for most rentals.

Document all your communication about smoke alarm concerns and keep copies for your records. Legal protections are enhanced when you can show you acted promptly.

Filing a Complaint If Your Landlord Doesn't Act

If your landlord does not respond to written requests to repair or install smoke alarms, you can file a complaint with the New Jersey Bureau of Housing Inspection or (if applicable) your local fire authority.^[4]

New Jersey’s main landlord-tenant dispute forum is the Landlord-Tenant Section of the Special Civil Part in the New Jersey court system.

Forms Renters Should Know

• Certificate of Smoke Detector, Carbon Monoxide Alarm and Fire Extinguisher Compliance (DFS-2): Used by landlords to certify that alarms and fire protection meet code at turnover. Example: Your landlord must provide this when you move into a unit. Access the official certificate here.

FAQ: Smoke Alarms and Tenant Rights in New Jersey

1. Who is responsible for replacing smoke alarm batteries in my rental?
   If your unit has traditional smoke alarms (not sealed batteries), tenants are usually responsible for battery replacement during the lease unless the lease states otherwise. If the alarms are sealed, they do not require battery replacement.
2. What should I do if my landlord won’t fix a broken smoke alarm?
   Start by notifying your landlord in writing. If nothing happens, contact your local fire department or the New Jersey Bureau of Housing Inspection to file a complaint.
3. Can my landlord evict me for reporting a missing smoke alarm?
   No. New Jersey law protects tenants against retaliation for reporting legitimate safety issues like missing or faulty smoke alarms.
4. Am I allowed to install my own smoke alarm?
   You should check with your landlord before installing any alarm. Tenants must not interfere with or remove existing alarms, but you can always add extra protection—just get approval first.
5. Is a smoke alarm certificate required for every rental turnover?
   Yes, landlords must obtain and provide an up-to-date smoke alarm certificate (DFS-2) at each change of tenants in most residential rentals.

Conclusion: Key Takeaways for New Jersey Renters

• Your landlord must provide working, code-compliant smoke alarms and a certificate at move-in.
• You are responsible for testing and, if applicable, replacing smoke alarm batteries during your tenancy.
• Report any issues promptly and keep records of all your communications for your safety and legal protection.

Need Help? Resources for Renters

• New Jersey Landlord-Tenant Section (NJ Courts Special Civil Part)
• New Jersey Bureau of Housing Inspection
• New Jersey Division of Fire Safety
• New Jersey Truth in Renting Guide

---

1. New Jersey Truth in Renting Guide (NJ Department of Community Affairs)
2. N.J.S.A. 52:27D-198.1 (Ten-Year Battery Requirement)
3. Certificate of Smoke Detector, Carbon Monoxide Alarm and Fire Extinguisher Compliance (DFS-2)
4. Bureau of Housing Inspection Complaint Process

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