North Dakota Smoke Alarm Rules and Tenant Responsibilities

As a renter in North Dakota, knowing your rights and responsibilities about smoke alarms is essential for safety and compliance. State law requires working smoke alarms in residential rentals and describes clear duties for both landlords and tenants to protect everyone in the home. In this guide, you will learn what is required, what to do if your smoke alarm isn’t working, and where to find help if you run into issues with your landlord about smoke alarm maintenance or replacement.

Understanding Smoke Alarm Laws in North Dakota Rentals

North Dakota law requires functional smoke alarms (sometimes called "smoke detectors") in certain types of housing. Landlords are usually responsible for installing them, but tenants share duties to test and maintain them. This responsibility is based on the North Dakota Century Code, Chapter 47-16 on Landlord and Tenant law, as well as the state building and fire codes.

General Smoke Alarm Requirements

• Installation: Landlords must install smoke alarms in all “residential dwelling units,” including apartments and rental homes, as required by the North Dakota State Building Code and fire codes.
• Location: A smoke alarm should be placed inside every sleeping room, outside each sleeping area in the immediate vicinity of bedrooms, and on every level of the residence including basements.¹

Renters should check the lease for any additional requirements, as local ordinances or housing codes may require more than state law.

Tenant Duties for Smoke Alarms

• Test each smoke alarm regularly (typically monthly) and replace batteries as needed (unless the smoke alarm uses a non-removable, long-life battery).
• Report any smoke alarm that is malfunctioning, damaged, or missing to your landlord in writing as soon as possible.
• Do not disable, remove, or tamper with smoke alarms. Doing so is not only dangerous but may violate your lease or state law.

Landlord Responsibilities

• Install compliant smoke alarms at the start of every new lease.
• Ensure all alarms work at move-in and respond to tenant repair requests promptly.

If a landlord fails to provide or repair a smoke alarm after proper notification, renters have options to request inspection or further assistance (see below).

Official Forms and What to Do When Smoke Alarms Aren’t Working

While North Dakota does not have a standardized statewide “Smoke Alarm Request” form, renters can use typical forms for maintenance or repair requests. Most tenants use a simple written notice or the landlord’s preferred maintenance form. Always keep a copy for your records.

• Maintenance Request Form: Used to alert your landlord or property manager about issues, including smoke alarm problems.
• Complete the form as soon as you notice an issue, providing your unit number and details about the alarm.
• Submit by email, online portal, or certified mail, depending on your building’s procedures.
• For persistent issues, tenants can contact local code enforcement or the North Dakota Attorney General’s Consumer Protection Division for further assistance.

There are no special forms required to notify about smoke alarm problems, but always put your request in writing and keep copies or photos for your records.

Where to Get Help: North Dakota Housing Complaint Contacts

• North Dakota Attorney General – Tenant Rights and Responsibilities: Offers renters guides and official complaint procedures.
• North Dakota Department of Labor and Human Rights: Oversees fair housing concerns, discrimination, and select tenant complaints.
• For building safety concerns, contact your local building inspector or fire department.

The main court for landlord-tenant disputes in North Dakota is the local District Court.

Relevant Legislation

• North Dakota Century Code Chapter 47-16 (Landlord and Tenant Law)
• North Dakota State Building and Fire Codes

These laws define rights and duties for both landlords and renters. Review your lease and compare it with official state codes for any additional protections or responsibilities.

FAQs About Smoke Alarm Rights and Duties in North Dakota

1. Who is responsible for replacing smoke alarm batteries in a North Dakota rental?
   Tenants are typically responsible for replacing smoke alarm batteries during the lease unless the alarm uses a sealed battery.
2. What should I do if my landlord won’t fix a broken smoke detector?
   Give written notice, keep copies, and if there’s no response, contact local code enforcement, your fire department, or the North Dakota Attorney General’s office for further steps.
3. Can my landlord charge me for a replacement smoke alarm?
   If you damaged or removed the alarm, you may be charged. If the alarm stopped working from normal use, the landlord is generally responsible for replacing it.
4. Am I allowed to install my own smoke alarm?
   You may add an extra smoke alarm for your peace of mind, but do not remove or replace the landlord’s, and always check your lease or ask first.
5. What if my rental does not have any smoke alarms?
   Notify your landlord in writing. If not resolved quickly, contact your local fire department or code enforcement for inspection and assistance.

Need Help? Resources for Renters

• North Dakota Attorney General: Tenant Rights – Tenant guides and complaint forms
• North Dakota Courts – Information on landlord-tenant disputes and district courts
• ND Department of Labor and Human Rights – Housing complaint contacts
• For urgent safety concerns, contact your local fire department or code enforcement office.

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1. See North Dakota State Building Code and the North Dakota Century Code Chapter 47-16 for statutory requirements.
2. For tenant complaint and resource info, visit the ND Attorney General’s Tenant Rights page.
3. Landlord-tenant disputes are generally handled by the North Dakota District Court.

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