Texas Laws for Carbon Monoxide and Smoke Detectors in Rentals

If you are renting a home or apartment in Texas, it's important to know what the law says about carbon monoxide and smoke detectors. Landlords have clear responsibilities for providing these life-saving devices, and renters have a right to a safe living environment. This guide explains Texas requirements, what to do if detectors are missing, and how renters can take action under current state tenancy law.

Texas Smoke Detector Requirements for Rentals

Texas law requires all rental units to have smoke alarms (also called smoke detectors) installed in each bedroom, in the hallway outside bedrooms, and on every level of the dwelling. The law applies to houses, apartments, and most other leased dwellings.

• Landlords must provide, install, and keep smoke detectors in working condition before new tenants move in.
• Tenants are responsible for replacing batteries as needed—unless batteries are sealed or the detector is hardwired.
• If a detector isn't working, tenants should notify their landlord or property manager in writing for repairs.

For detailed requirements, see Texas Property Code, Section 92.251–.261 (Smoke Detectors).¹

Are Carbon Monoxide Detectors Legally Required in Texas Rentals?

Carbon monoxide (CO) detector laws in Texas are more limited than for smoke detectors. As of 2024, carbon monoxide alarms are required only in rental properties that use carbon-based fuels (like gas, coal, or propane) or have attached garages. This means if your rental unit has a gas stove, gas heater, or a garage attached, the landlord must have a working CO detector installed.

• Landlords must install and maintain carbon monoxide detectors in the specific areas required by law (outside sleeping areas and in bedrooms, if needed).
• Tenants should report missing or broken CO detectors in writing.
• If your rental uses only electric power and has no attached garage, a CO detector may not be required.

For full carbon monoxide alarm requirements, see Texas House Bill 766 (2023 amendments).²

How to Request Repairs for Detectors: Texas Process

If your smoke or carbon monoxide detector is missing or not working, Texas law gives you the right to request repairs. Prompt written notice is the best way to start:

• Send a request to your landlord in writing—email, letter, or the landlord's online system.
• State which detector needs fixing and keep a copy.
• Landlords should repair the detector within a "reasonable time" (usually 7 days) after being notified.
• You cannot legally remove, disconnect, or intentionally damage detectors.

Official Form: Smoke Detector Request

• Form Name: Smoke Alarm Request for Installation or Repair
• When to Use: If your rental is missing a smoke alarm or one isn't working, use this form to officially request installation or repairs from your landlord.
• Where to Find: Texas Department of Housing and Community Affairs – Sample Notice (page 7)
• How to Use: Fill in your information, specify the problem, sign, and send to your landlord. Keep a copy as proof of your request.

What if the Landlord Refuses to Fix Detectors?

If your landlord doesn't respond to your written request about smoke or carbon monoxide alarms within a reasonable time, Texas law allows you to:

• File a complaint with the local code enforcement agency or health department.
• Contact the Texas Department of Housing and Community Affairs for guidance.
• Consider applying to a state or local housing tribunal for repairs or enforcement.

If you follow all legal steps and the problem isn't fixed, renters may also have rights under Section 92.056 of the Texas Property Code (Tenant Remedies).³

Which Tribunal Handles Rental Complaints in Texas?

In Texas, complaints usually start with local code enforcement. For rental disputes, the court of jurisdiction is your local Justice Court (also known as Justice of the Peace Court) for landlord-tenant issues.⁴

FAQ: Texas Renters & Detector Laws

1. Am I responsible for changing detector batteries in Texas rentals?
   Yes, renters are responsible for changing smoke or carbon monoxide detector batteries, unless they are sealed or hardwired. If a device still doesn't work after a new battery, notify your landlord in writing.
2. What should I do if my rental doesn't have the required smoke detectors?
   Send a written request to your landlord for installation. You can use the Smoke Alarm Request Form. Keep a copy. If they do not respond, contact local code enforcement or the Justice Court.
3. Can I install my own smoke or carbon monoxide detector?
   You may add extra alarms, but you should not remove or tamper with the landlord's detectors. Always notify your landlord before installing permanent devices.
4. If the landlord doesn't fix detectors, can I withhold rent?
   No, Texas law does not allow rent withholding for this issue. Follow the repair request process and contact local authorities or a court if needed.
5. Who enforces detector laws for Texas rentals?
   Enforcement usually starts with local housing or code officials. For unresolved issues, Justice Court (Justice of the Peace) handles rental disputes.

Conclusion: What Every Texas Renter Should Remember

• Texas requires landlords to install and maintain smoke detectors in all rentals.
• Carbon monoxide detectors are required if the property burns fuel or has an attached garage.
• If detectors are missing or broken, send written notice and use official forms to request repairs.

Knowing your rights and the proper process helps ensure your home is safe and up to legal standards.

Need Help? Resources for Renters

• Texas Department of Housing and Community Affairs (TDHCA) – Renters' rights, forms, and housing information.
• Texas Attorney General – Tenants' Rights
• Texas Justice Courts Directory – Find your local court for disputes.
• Contact your local city or county code enforcement office for urgent safety repairs.

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1. See Texas Property Code, Sec. 92.251–.261: Smoke Detectors in Rental Units
2. See Texas House Bill 766 (2023 amendments): Carbon Monoxide Alarm Requirements
3. See Texas Property Code, Sec. 92.056: Tenant Remedies for Repairs
4. For rental disputes, see Texas Justice (JP) Courts

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