Ohio Laws on Carbon Monoxide & Smoke Detectors for Renters
If you’re renting a home or apartment in Ohio, knowing your rights regarding carbon monoxide and smoke detector requirements helps you stay safe and hold your landlord accountable to the law. This guide summarizes what Ohio law says about these detectors, who is responsible for maintenance, and what to do if your landlord isn’t following the rules.
What Does Ohio Law Require for Smoke & Carbon Monoxide Detectors?
Smoke and carbon monoxide (CO) detectors are life-saving devices and are required for most rental properties in Ohio. The rules differ for smoke and CO detectors, so it’s important to know both.
Smoke Detector Requirements in Ohio Rentals
Ohio’s Landlord-Tenant Law requires landlords to comply with all local building, housing, health, and safety codes[1].
- Most Ohio cities and counties follow codes that require operable smoke detectors in rented units, typically in each sleeping area and on every level of the home.
- The Ohio Fire Code (OAC 1301:7-7) further requires smoke alarms in residential occupancies[2].
Your lease may also spell out specific smoke detector obligations.
Carbon Monoxide Detector Requirements in Ohio
The Ohio Revised Code and Ohio Fire Code require CO detectors in rental units if:
- The home has fuel-burning appliances (gas furnace, gas stove, etc.), or
- There is an attached garage.
Detectors must be installed outside each separate sleeping area within the rental unit.
Who Maintains Smoke and CO Detectors?
Generally, landlords are responsible for installing and maintaining smoke and carbon monoxide detectors. However, renters may be responsible for regularly changing the batteries (unless hard-wired).
- Report broken, missing, or beeping detectors to your landlord in writing as soon as possible.
- Landlords must make prompt repairs to ensure detectors are functional.
What To Do If Your Landlord Won’t Comply
If your unit lacks required smoke or CO detectors or they don’t work, you have the right to request repairs or installation. Here’s how to proceed:
- Send a written request to your landlord describing the issue and asking for repairs or installation.
- If nothing happens within a reasonable time, you may file a formal complaint with your local building or health department.
- Consider using Ohio’s Rent Escrow process if the hazard is severe and your landlord still hasn’t acted.
Relevant Official Forms and How to Use Them
- Rent Escrow Application (Form DRC 5140): Used when a landlord doesn’t make legally required repairs affecting health or safety, including missing or broken detectors. To use it:
- Give your landlord written notice specifying the problem and allow reasonable time for repairs (at least 30 days, unless the problem is urgent).
- If no action, file the Rent Escrow Application (see local municipal court) with your local municipal court clerk[3]. Bring proof of your written request and your rent for deposit.
Your local municipal court is typically the tribunal handling residential tenancy disputes in Ohio. Check the court directory for your area.
Understanding Your Rights Under Ohio’s Tenancy Legislation
Ohio residential renters are protected under the Ohio Revised Code Chapter 5321 – Landlords and Tenants[1]. This includes the right to a safe and habitable living environment with working smoke and carbon monoxide detectors where required by law.
- Are Ohio landlords required to install both smoke and carbon monoxide detectors?
Yes. Most landlords must provide smoke detectors in every unit. Carbon monoxide detectors are required in any rental that has fuel-burning appliances or an attached garage. Local ordinances may impose additional requirements. - What should I do if the detectors are beeping or broken in my Ohio rental?
Notify your landlord in writing as soon as possible. Keep a copy for your records, and file a complaint with your city or use rent escrow if your landlord fails to act. - Can I install my own smoke or CO detector in Ohio?
You can purchase and install additional detectors for your peace of mind, but the law makes it your landlord’s duty to ensure required detectors are present and working. - Is my landlord required to check detectors before I move in?
Yes. Landlords must ensure all required detectors work at the start of your tenancy; ask to check them during your move-in inspection. - Where can I get official help if my landlord won’t install or repair detectors?
You can file a complaint with your local building or health department, or use Ohio's rent escrow system at the municipal court.
Need Help? Resources for Renters
- Ohio Attorney General: Tenant Rights – Official tenant rights guidance and steps to address problems.
- Ohio Municipal and County Court Directory – Find your local court for rent escrow or legal action.
- Ohio State Courts – Information about filing and resolving disputes.
- Ohio Department of Health: Smoke and CO Alarms – Safety info, programs, and local help.
- State Fire Marshal of Ohio – For regulations and complaints about fire/code safety.
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