Vermont Carbon Monoxide and Smoke Detector Rental Law Guide

If you’re renting a home or apartment in Vermont, understanding your rights regarding carbon monoxide and smoke detectors is important for your safety and peace of mind. Vermont law sets clear standards to help keep renters safe from fire and carbon monoxide risks, and both tenants and landlords have obligations they need to follow.

What Vermont Law Requires: Smoke and Carbon Monoxide Detectors

Vermont law requires that in most residential rental units:

• Smoke detectors must be installed on every level of a dwelling unit, including the basement and outside each sleeping area.
• Carbon monoxide detectors must be installed in every dwelling unit that contains a fuel-burning appliance, fireplace, or attached garage.

These laws are set out in Vermont Statutes, 9 V.S.A. § 4484 (Landlord-Tenant Law) and 20 V.S.A. Chapter 177 (Fire Safety & Carbon Monoxide Detectors).

Landlord Responsibilities

• Install approved smoke and carbon monoxide detectors before a tenant moves in
• Ensure detectors are working at the start of the tenancy
• Replace any that are missing or defective prior to new occupancy

Tenant Responsibilities

• Test detectors regularly and replace batteries if required (unless powered otherwise)
• Notify the landlord in writing if a detector is not working or is missing
• Do not disable or remove detectors

Reporting Safety Issues or Requesting Repairs

If you find a missing or malfunctioning smoke or carbon monoxide detector in your rental unit, you must notify your landlord in writing as soon as possible. This record helps ensure a prompt fix and protects your rights.

The main law covering this area is the Vermont Residential Rental Agreements Act, which outlines landlord obligations for habitability and safety.

Relevant Forms: Protecting Your Rights

• Request for Repairs or Maintenance (No form number)
  When to use: If your smoke or carbon monoxide detector is not working or missing, write a dated letter or use your own form to officially notify your landlord of the issue.
  Example: "On June 12, I noticed the smoke detector outside my bedroom does not work. Please repair or replace it as required by Vermont law."
  More info: Vermont Department of Health: Carbon Monoxide Detector Facts
• Complaint with Vermont Division of Fire Safety (DFS)
  When to use: If your landlord does not respond to requests for required detectors, you can file a complaint with the Vermont Division of Fire Safety. Use the DFS Housing Complaint Form (PDF).
  Example: After waiting a reasonable time for repairs and giving written notice, you submit the form to the DFS to prompt an official inspection.

Who Handles Rental Safety Disputes in Vermont?

Rental housing safety in Vermont is handled by the Vermont Division of Fire Safety and the local health officer or building inspector where the property is located. Rental disputes about safety or habitability may also be resolved in the local Vermont Superior Court, Civil Division.

Steps for Vermont Renters: What to Do if Your Detector Is Missing or Not Working

• Test your smoke and carbon monoxide detectors monthly. If they are missing or not working, replace batteries if possible and try testing again.
• If the problem persists, immediately notify your landlord in writing (email or letter). Be specific about the location and issue.
• Keep a copy of all communications for your records.
• If your landlord does not act within a reasonable time (typically 7-14 days for urgent safety issues), submit the DFS Housing Complaint Form to the Vermont Division of Fire Safety.
• For unresolved or emergency cases, contact your local health officer or municipal inspector.

Taking these steps protects your health, meets your legal obligations, and provides a clear paper trail if further action is needed.

FAQs: Carbon Monoxide and Smoke Detectors for Vermont Renters

1. Who is responsible for installing smoke and carbon monoxide detectors in Vermont rentals?
   Landlords are responsible for installation and ensuring that working detectors are present at the start of each tenancy.
2. Do tenants have to replace batteries or detectors?
   Tenants are expected to replace batteries if necessary during the lease, but the landlord must replace the detectors themselves if they malfunction or expire.
3. What can I do if my landlord won’t fix a missing or broken detector?
   Document your requests in writing, and if the landlord does not respond, file a complaint with the Vermont Division of Fire Safety.
4. Does every rental unit in Vermont need a carbon monoxide detector?
   Yes, if the rental unit has any fuel-burning appliance, fireplace, or attached garage. All must have a working carbon monoxide detector installed.
5. Can my landlord enter my apartment to check detectors?
   Yes, with proper notice and in accordance with Vermont’s entry laws as stated in 9 V.S.A. § 4460.

Key Takeaways for Vermont Renters

• Your landlord must provide working smoke and carbon monoxide detectors in your Vermont rental at move-in.
• Notify your landlord in writing if a detector isn’t working; keep documentation.
• Unresolved issues can be reported to the Vermont Division of Fire Safety using the official complaint form.

Understanding your rights and following proper reporting steps help keep you safe and ensure compliance with Vermont law.

Need Help? Resources for Renters

• Vermont Division of Fire Safety – Report safety concerns or file complaints.
• Vermont Department of Health: Healthy Homes for Renters
• Vermont Superior Court, Civil Division – For legal disputes or habitability cases.
• Vermont Residential Rental Agreements Act – Read the full landlord-tenant law.
• Contact your local health office for local code enforcement.

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1. Vermont Statutes, Title 9, Chapter 137: Residential Rental Agreements Act
2. Vermont Statutes, Title 20, Chapter 177: Fire Safety and Carbon Monoxide Detectors
3. Vermont Department of Health: Carbon Monoxide Detector Fact Sheet
4. Vermont Division of Fire Safety: DFS Housing Complaint Form

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