Oregon Renters’ Guide to Carbon Monoxide and Smoke Detector Laws
Staying safe in your rented home is more than just keeping doors locked—it means trusting that your landlord meets Oregon’s health and safety standards. Understanding state laws about carbon monoxide and smoke detectors is essential, since these devices can save lives and are required by law in nearly every Oregon rental unit. This article explains Oregon’s specific requirements, what you should expect as a renter, and what steps to take if your rental doesn’t meet the law.
Understanding Oregon’s Requirements for Detectors in Rentals
Oregon state law requires that all rental properties have working smoke detectors, and units with potential carbon monoxide sources must also be equipped with carbon monoxide alarms. This is to protect tenant health and ensure a baseline of safety in all residential rentals.
What Kinds of Detectors Are Required?
- Smoke alarms: Required in all residential rental units.
- Carbon monoxide alarms: Required in any unit with a carbon monoxide source, such as a fuel-burning appliance, fireplace, or attached garage.
Both types must meet Oregon State Fire Marshal standards and be installed according to the manufacturer's instructions.[1]
Landlord and Renter Responsibilities
It’s important to know what’s expected of both sides:
- The landlord must install approved and working smoke and (if required) carbon monoxide alarms before you move in.
- Landlords must provide written instructions for testing and maintenance when you move in. This is often part of your move-in checklist.
- You, as the renter, are generally responsible for monthly testing and for changing batteries unless the alarms are hardwired or have sealed batteries.
- If a detector isn’t working or is missing, you should notify your landlord in writing right away. Landlords must promptly repair or replace as needed.
What If the Devices Are Missing or Not Working?
If your landlord hasn’t provided detectors or they don’t work, Oregon law is clear: you can request a repair or installation. If the landlord doesn’t respond in a reasonable time, you may have further options—including repairing the device yourself and deducting the reasonable cost from your rent (up to a set limit by law), but be sure to follow legal requirements and provide proper documentation before doing so.[2]
Your safety comes first. Always notify your landlord in writing and keep a copy of your request for your records.
Official Forms for Oregon Renters
- Notice of Condition Affecting Habitability: Use this notice if your home is missing required alarms. There is no documented state-mandated form, but your written (dated) request should state the issue and reference Oregon Revised Statutes (ORS) 90.320 (regarding habitability).
- Notice of Tenant’s Intent to Repair and Deduct (Form): Use if the landlord hasn’t fixed the issue within a reasonable time after written notice. Explain you intend to arrange repairs and deduct from rent.
Example: Suppose your carbon monoxide detector is missing and your landlord hasn’t acted after your first notice. Submit this form (with copies to your landlord), wait the required period, then proceed as allowed.
Official Source: Oregon Judicial Department Landlord-Tenant Forms
Relevant Laws and Enforcement Agencies
- Oregon Residential Landlord and Tenant Act (ORS Chapter 90) spells out the requirements for smoke and carbon monoxide alarms, habitability, and remedies for renters.[2]
- The Oregon Judicial Department and your local county circuit court handle residential rental disputes and tenant claims. Most habitability complaints—including those about missing alarms—are resolved in these courts.
FAQ: Oregon Renters and Alarm Laws
- Are landlords required to install both smoke and carbon monoxide alarms?
Yes. Smoke alarms are always required. Carbon monoxide alarms are required if there’s a CO source in the home (like a gas furnace, fireplace, or attached garage). - Who replaces batteries in detectors during my tenancy?
Generally, renters are responsible for changing batteries (except for hardwired or sealed-battery units), and landlords are responsible for repairs or replacement if the alarm is faulty or missing. - What should I do if the alarms are not working?
Notify your landlord in writing right away and keep a copy. If they do not respond, you may use the 'repair and deduct' process as allowed by state law. - Can I be evicted for disabling or removing an alarm?
Yes. Tampering with or disabling required detectors is a violation of your duties as a tenant and may be grounds for termination of your tenancy. - What legal protections ensure I have alarms in my rental?
Oregon's Residential Landlord and Tenant Act (ORS 90.320 and related sections) makes working smoke and—where required—carbon monoxide alarms a legal right for renters.
Conclusion: Stay Safe, Know Your Rights
- Oregon law gives renters the right to working smoke and carbon monoxide alarms in their home.
- Landlords must install and maintain these devices, but renters play a vital role by testing alarms and reporting problems.
- If alarms are missing or not working, use official forms and written requests to protect your rights.
Stay proactive about your safety and don’t hesitate to contact resources for help if issues aren’t resolved promptly.
Need Help? Resources for Renters
- Oregon Judicial Department - Find Your County Court (for habitability disputes and tenant claims)
- Oregon Rental Housing Resources (renter advocacy and support)
- Oregon Office of State Fire Marshal - Carbon Monoxide Information
- Oregon Office of State Fire Marshal - Smoke Alarm Information
- See ORS 90.320 – Landlord Obligations for Healthy and Safe Housing and Oregon State Fire Marshal Alarm Requirements
- Hearings and tenant/landlord disputes are handled by the Oregon Judicial Department. For forms and more information, visit their Landlord-Tenant Forms page.
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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