Are landlords required to have carbon monoxide detectors?

Most states require CO detectors in rentals with fuel-burning appliances or attached garages. See which states mandate them and typical fine ranges.

RentalPermitPath Editorial Team
23 min read
In This Article

Last updated 2026-07-26

Carbon monoxide detector mounted on a wall near a rental apartment bedroom door
Carbon monoxide detector mounted on a wall near a rental apartment bedroom door

TL;DR

In most states, yes. Roughly 30+ states require carbon monoxide detectors in rental units that have a fuel-burning appliance (gas furnace, gas stove, fireplace) or an attached garage. Rules on placement, battery type, and who pays vary by state and sometimes by city. Check your state's fire or health code and your city's rental inspection checklist before a lease starts.

are landlords required to have carbon monoxide detectors?

In most states, yes, if the rental has a fuel-burning appliance, fireplace, or attached garage. There's no single federal law requiring CO detectors in rental housing. The requirement comes from state statutes, state fire codes, or local building and rental ordinances, and the details differ a lot depending on where the property sits. As of 2024, at least 30 states plus Washington D.C. have some form of law requiring carbon monoxide alarms in certain residential units, according to the National Conference of State Legislatures' tracking of state carbon monoxide laws [1]. Some of those laws only apply to new construction or units with attached garages. Others apply to every rental with a gas appliance, oil furnace, or wood-burning fireplace. A handful of states (think warmer climates with mostly electric-only buildings) have no statewide CO detector mandate at all. That doesn't mean a landlord is off the hook everywhere in that state, though. Cities can and do layer on their own requirements through rental licensing ordinances, especially in places that already run mandatory inspection programs. The practical answer for any individual landlord: check your state's statute first, then check your city's rental license or inspection checklist, because the city rule is often stricter and more specific about placement than the state law.

which states require carbon monoxide detectors in rentals?

Massachusetts527 CMR 31.00Most residential buildings w/ fossil fuel appliance or attached garage
CaliforniaHealth & Safety Code 13260-13263All dwelling units for human occupancy
New YorkPublic Health Law / Amanda's LawResidential buildings w/ fuel-burning appliances
TexasProperty Code 92.257-92.2611Rentals with certain fuel-burning appliances, on tenant request in some casesTexas is a useful example of the middle ground: state law requires an operable smoke alarm, but the CO detector duty in Texas Property Code Section 92.259 kicks in specifically for units with a fuel-burning heater, fireplace, or attached garage, and in some circumstances the landlord's duty is triggered by a written tenant request [5]. That's a meaningfully different structure than California's blanket rule, so don't assume your state works like your cousin's state. If your state isn't listed here, don't guess. Search '[your state] carbon monoxide detector law rental' and look for the actual statute number, more than a blog summary. Statutes get amended.

Most states with CO detector laws tie the requirement to fuel-burning equipment rather than making it universal. Massachusetts has one of the more detailed rules: state regulation 527 CMR 31.00 requires CO alarms in nearly every residential building with fossil-fuel burning equipment or an attached garage, and it specifies alarm placement within 10 feet of each sleeping room [2]. California's Carbon Monoxide Poisoning Prevention Act (Health and Safety Code Section 13260-13263) requires CO devices in all dwelling units intended for human occupancy, and it made owners responsible for installing them in existing rentals as of January 1, 2013 [3]. New York's law (often called Amanda's Law after a college student who died of CO poisoning) mandates CO detectors in most residential buildings, including one- and two-family rentals with fuel-burning appliances [4]. Here's a rough comparison of how a few states approach it: | State | Legal basis | Who it applies to |

do landlords have to provide carbon monoxide detectors even without a gas appliance?

Usually not, unless your state or city law says so specifically. Most CO detector statutes are triggered by a fuel-burning source: natural gas furnace, gas water heater, gas stove, wood or gas fireplace, or an attached garage where a car can run and let fumes seep into living space. An all-electric unit with no attached garage, in a state that ties the requirement to fuel-burning equipment, technically may not need one under that specific law. But a few states and a growing number of cities have moved toward requiring CO alarms in all residential units regardless of fuel source, because carbon monoxide can also drift in from an attached unit sharing a wall, or from a shared building system. My honest take: even where it's not legally required, a CO detector costs $20 to $50 for a basic plug-in or battery unit, and buying two protects you from a fatality lawsuit that could run into six or seven figures. It's one of the cheapest liability moves a landlord can make. I wouldn't skip it in any unit, gas or electric, especially if the building has any shared mechanical systems.

Carbon monoxide detector laws by the numbers Key figures on state requirements and CO poisoning risk 30 States with a CO detector law 100k US ER visits per year (non-fire CO) 400 US deaths per year (non-fire CO) 10 Recommended alarm distance… bedroom (ft) Source: NCSL, 2024; CDC, Carbon Monoxide Poisoning Data

where do carbon monoxide detectors need to be placed in a rental unit?

Placement rules vary, but the common pattern across states that specify it: one CO alarm within 10 feet of every sleeping room, and often one per floor including basements with fuel-burning equipment. Massachusetts' regulation explicitly requires a CO alarm on every level of the home containing a bedroom, installed within 10 feet of the bedroom door [2]. Some states also want a detector near (but not directly on top of) any fuel-burning appliance itself, since exhaust concentrations right at the source can trigger nuisance alarms if placed too close. A few practical rules of thumb that hold up across most codes: - Put one within 10 feet of each bedroom door

  • Put one on every level with a bedroom, including finished basements
  • Don't place it directly above or right next to a fuel-burning appliance
  • Don't block it with curtains, furniture, or paint If your city runs a rental inspection program, the inspector will typically check both presence and placement, more than whether a detector exists somewhere in the unit. A CO alarm sitting in a kitchen drawer because the last tenant took it off the wall won't pass.

who pays for the carbon monoxide detector, landlord or tenant?

The landlord, in almost every state and city that has a CO detector law. The statutes place the installation duty on the owner, and battery-replacement duty is often split: the landlord installs and tests at move-in, and the tenant is responsible for keeping batteries fresh during the tenancy, similar to smoke detector rules in most states. California's law puts the initial installation cost squarely on the owner and requires it before a new tenancy begins in existing buildings, with a 2013 compliance deadline for units built before CO devices became standard in new construction [3]. What I'd actually do: buy sealed 10-year lithium battery CO/smoke combo alarms if your local code allows them. They run $25 to $45 each, and you never have to worry about a tenant pulling the battery to stop a low-battery chirp at 2 a.m. That single choice eliminates most of the maintenance dispute over who's responsible for batteries.

what happens if a landlord doesn't have a carbon monoxide detector?

Consequences range from a rental inspection failure to a civil fine to real exposure in a wrongful death or injury lawsuit. In cities running mandatory rental licensing and inspection programs, a missing or non-functional CO detector is one of the most common violation line items alongside smoke detectors and egress window issues. Fine amounts vary widely by city and are set by local ordinance, so confirm the specific number with your city rental licensing office rather than trusting a number from another city's ordinance. What's consistent everywhere: if a tenant is injured or killed by carbon monoxide poisoning in a unit where the law required a detector and none was installed or working, that missing detector becomes central evidence of negligence in a lawsuit, and building code violations are frequently used to establish a landlord breached a duty of care. CO poisoning is not a rare or theoretical risk. The CDC estimates that unintentional, non-fire-related CO exposure sends more than 100,000 people to U.S. emergency departments and contributes to over 400 deaths per year nationally [6]. That's the backdrop that pushed most state legislatures to pass these laws in the first place, often named after a specific victim, the way New York's Amanda's Law and several other state statutes are.

what a landlord cannot do in ohio

Ohio doesn't have a statewide law requiring carbon monoxide detectors in residential rentals the way Massachusetts or California do, but Ohio landlords are still bound by the general fitness-for-habitation duty under Ohio Revised Code Section 5321.04, which requires landlords to keep the premises in a safe and sanitary condition and comply with building, health, and safety codes that apply [7]. Some Ohio cities, including Columbus and Cincinnati, layer on their own rental registration and inspection rules that can require CO detectors even where state law doesn't. Beyond CO detectors specifically, Ohio landlords are restricted from a set of actions under ORC 5321: they cannot shut off utilities to force a tenant out, cannot change the locks without court process (self-help eviction is illegal), cannot enter the unit without reasonable notice except in an emergency, and cannot retaliate against a tenant for reporting a code violation [7]. If you're a landlord in Ohio reacting to a city notice, the first move is to check whether your specific city (more than the state) has its own rental registration or inspection ordinance, since Ohio deliberately leaves a lot of this to local governments.

how much notice does a landlord have to give before entering for an inspection?

It depends on your state, but 24 hours' written or verbal notice is the most common standard for non-emergency entry, including for a scheduled rental license inspection. California requires 24 hours' notice for entry in most non-emergency circumstances under Civil Code Section 1954, and treats that as reasonable notice absent other circumstances [8]. Some states specify a different number: for example, several states use 24 hours as the presumptive reasonable notice standard, while others just require 'reasonable notice' without defining a number of hours, which leaves more room for dispute. Emergencies are the exception everywhere. If there's a suspected gas leak, fire, flooding, or another hazard putting people or the property at immediate risk, landlords (and inspectors) generally can enter without advance notice under nearly every state's landlord-tenant code. For a city rental inspection specifically, the notice requirement often comes from the local ordinance rather than the general landlord-tenant entry statute, and cities typically schedule these visits in advance by mail or email with a specific date and window, sometimes 7 to 14 days ahead. Confirm the specific notice period with your city rental licensing office, since it varies by jurisdiction and can differ from the general entry-notice statute that governs routine landlord visits.

who is responsible for a rental property walk-through inspection in california?

In California, the landlord (or their designated agent) is responsible for conducting the move-in and move-out walk-through inspections, and state law gives tenants specific rights around the move-out version. Under California Civil Code Section 1950.5, a tenant has the right to request an initial inspection before move-out, done at least two weeks before the tenancy ends, so the tenant gets a chance to fix any deductible issues before the landlord assesses damage against the security deposit [9]. The landlord (or the landlord's employee) must give the tenant reasonable notice of the date and time of that initial inspection and, if requested, must provide an itemized statement of proposed deductions afterward. Local rental inspection programs, separate from this deposit-related walkthrough, are a different animal entirely: those are administered by the city (building or housing department) rather than by the landlord, and the city's own inspector, not the landlord, conducts the compliance check for licensing purposes. So there are really two different 'walk-throughs' in California: the security-deposit-related one, which is the landlord's job under Civil Code 1950.5, and the rental-license compliance inspection, which is the city's job under whatever local ordinance your city runs. Don't confuse the two when a notice arrives in the mail.

what can a landlord look at during an inspection?

A rental inspector or landlord conducting a routine inspection can generally check life-safety and habitability items: smoke and CO detector presence and function, electrical outlets and panel condition, plumbing leaks, heating system function, window and door locks, egress routes, pest evidence, and general cleanliness or damage. Most city rental inspection checklists focus on things tied directly to code violations, not general tidiness. What inspectors are typically not there to do: rummage through personal belongings, open closed drawers or containers unrelated to a visible hazard, or use the inspection as a pretext to search for unrelated legal violations. The scope of a routine habitability inspection is usually limited to what's visible and relevant to safety and code compliance. For landlords prepping for a first-time city inspection, a walk-through of your own unit against your city's actual published checklist is the single highest-value hour you can spend before the inspector's visit. If your city hasn't published one, call the rental licensing office and ask for the checklist item list; most departments will send it or point you to a PDF.

why do landlords require renters insurance?

Because it shifts liability for the tenant's belongings and for certain injury or damage claims away from the landlord's own policy. A landlord's insurance covers the building structure and the landlord's own liability, but it typically doesn't cover a tenant's furniture, electronics, or clothing if there's a fire, burst pipe, or theft. Requiring renters insurance (commonly $15 to $30 a month for a basic policy) means the tenant has their own coverage instead of expecting the landlord to make them whole. Renters insurance also usually includes liability coverage, which matters if the tenant accidentally causes damage (say, a grease fire that spreads to a neighboring unit) or if a guest is injured in the tenant's unit. That liability protection can reduce the number of claims that land directly on the landlord's policy or in a lawsuit naming the landlord. There's no federal or (to my knowledge) state law mandating renters insurance, so it's a lease term landlords choose to include, not a legal requirement layered on top of CO detector or smoke detector statutes. It's worth keeping that distinction clear: CO detectors are frequently a legal mandate, renters insurance is a contract choice.

what is landlording and what is a landlord?

A landlord is the owner (or authorized manager) of residential or commercial property who rents that property to someone else, called a tenant, in exchange for regular payment, usually monthly rent. Landlording is the general term for the ongoing work of owning and operating rental property: collecting rent, handling repairs, managing turnover, staying current on local rental registration and inspection rules, and responding to tenant issues. At small scale (1 to 10 units, which describes most independent landlords), landlording is really a part-time operations job layered on top of whatever else you do for a living. The core recurring duties are the same regardless of portfolio size: keep the unit habitable under your state's landlord-tenant code, follow your city's rental license and inspection requirements if it has them, handle move-in/move-out documentation, and respond to maintenance requests within whatever timeframe your state law or lease requires. Many states also define specific statutory duties that make up the legal core of 'being a landlord,' such as Ohio's ORC 5321.04 list of landlord obligations mentioned above [7], or California's habitability standards under Civil Code Section 1941.1 [9]. Those statutes are a good starting reference if you want to know exactly what the law expects of you, rather than relying on general advice.

how to become a landlord and how to be a landlord

Becoming a landlord starts with buying (or converting) a property, then meeting whatever registration, licensing, and safety requirements your state and city impose before you can legally rent it out. There's no license required to be a landlord nationally, but a growing number of cities require a rental registration or rental license specifically, sometimes with a fee and a mandatory inspection before you get a certificate of occupancy for rental use. A reasonable step-by-step sequence for a first-time landlord: 1. Confirm the property is zoned and legally allowed to be rented (check with your city planning or zoning office) 2. Check whether your city requires rental registration or licensing, and what the inspection checklist covers 3. Install required safety equipment: smoke detectors, CO detectors if applicable under your state or city law, fire extinguishers if required 4. Get landlord liability insurance (different from a standard homeowner's policy) 5. Learn your state's landlord-tenant code basics: notice periods, security deposit rules, habitability duties 6. Set up a lease, screening process, and rent collection system before advertising the unit On 'how to be a landlord' day to day, the honest answer is that most of the job is administrative and preventive: keeping up with repairs before they become emergencies, tracking lease and inspection deadlines, and knowing your local ordinance well enough that a notice in the mail doesn't catch you off guard. If your city runs a rental licensing program and you've never been through an inspection cycle before, working from the city's actual published checklist (not a generic national one) is worth the hour it takes to find it. For landlords facing a first city license renewal or inspection deadline, a rental packet builder that organizes the checklist, required documents, and fee information for your specific city can save a few hours of digging through a municipal website. RentalPermitPath's $79 one-time City Rental License & Inspection Prep Packet is built for exactly that first-time-through-the-process moment.

what rights do tenants have without a lease?

Tenants without a written lease, sometimes called month-to-month or at-will tenants, still have nearly all the same legal protections as tenants with a signed lease. Every state's implied warranty of habitability applies regardless of whether there's a written lease, meaning the landlord must still keep the unit safe and livable, per code, whether or not there's paper documenting the arrangement. A verbal or implied lease (one where rent has been accepted and possession granted) is generally still treated as a legally enforceable tenancy in most states, typically defaulting to a month-to-month arrangement. That means normal notice-to-vacate rules still apply. Many states require 30 days' notice to end a month-to-month tenancy, though some states use different numbers (some require notice equal to the length of the rental period, or set a specific number of days by statute), so check your specific state's code. What a tenant without a lease does NOT automatically lose: protection against illegal lockouts or utility shutoffs, the right to habitable conditions, the right to their security deposit back per state rules, and protection against retaliatory eviction for reporting code violations, including a missing CO detector. The absence of a written lease mostly affects things like rent amount and lease term specifics, not baseline legal protections.

Frequently asked questions

Are landlords required to have carbon monoxide detectors in every state?

No. At least 30 states plus Washington D.C. have some form of CO detector law for rentals, according to the National Conference of State Legislatures, but the trigger conditions vary a lot [1]. Some states require them in every dwelling unit, others only where there's a fuel-burning appliance or attached garage. A few states have no statewide mandate at all, though cities can still require them locally.

Do I need a carbon monoxide detector if my rental has no gas appliances?

Often not legally required if your state law is tied to fuel-burning equipment and your unit is fully electric with no attached garage. But check your specific state statute and city ordinance, since some apply more broadly. Given the low cost ($20-$50), installing one anyway is cheap insurance against liability even where it's not mandated.

Who pays for carbon monoxide detectors, the landlord or the tenant?

The landlord almost always pays for and installs the initial CO detector under state law, similar to smoke detector requirements. Ongoing battery maintenance responsibility can be split between landlord and tenant depending on state law and lease terms, which is why sealed 10-year lithium battery units are worth the extra few dollars.

What happens if a landlord doesn't install a required CO detector?

Consequences range from failing a city rental inspection and owing a fine (amount set by local ordinance, so confirm with your city) to significant liability exposure if a tenant is injured or killed. Missing required safety equipment is commonly cited as evidence of negligence in CO poisoning injury and wrongful death lawsuits.

Where should carbon monoxide detectors be placed in a rental?

The common standard, used explicitly in Massachusetts regulation 527 CMR 31.00, is one CO alarm within 10 feet of each sleeping room door, plus one on every level of the home that has a bedroom [2]. Avoid placing it directly next to or above a fuel-burning appliance.

How to become a landlord if I've never rented out a property before?

Confirm your property can legally be rented (zoning), check whether your city requires rental registration or licensing, install required safety equipment including smoke and CO detectors if applicable, get landlord liability insurance, and learn your state's basic landlord-tenant code before you draft a lease or advertise the unit.

Who is responsible for the rental property walk-through inspection in California?

The landlord (or their agent) conducts the move-in and move-out walk-through under California Civil Code Section 1950.5, and tenants can request an initial pre-move-out inspection at least two weeks before the tenancy ends [9]. A separate city rental license inspection, if your city has one, is conducted by a municipal inspector, not the landlord.

What is landlording?

Landlording is the ongoing work of owning and operating rental property: collecting rent, handling repairs, managing move-in and move-out, and staying compliant with state landlord-tenant law and any local rental registration or inspection ordinance. For most 1-10 unit owners, it's part-time work layered on other income.

What is a landlord?

A landlord is the owner or authorized manager of a residential or commercial property who rents it to a tenant in exchange for regular payment. Legal obligations vary by state but generally include keeping the unit habitable and following local safety code, including any required smoke or CO detector rules.

What rights do tenants have without a signed lease?

Nearly the same protections as tenants with a lease. Habitability rights, protection from illegal lockouts, and security deposit rules still apply under state law. A verbal or implied tenancy is usually treated as month-to-month, and standard notice-to-vacate rules (often 30 days, but check your state) still apply.

Why do landlords require renters insurance?

Because it shifts responsibility for the tenant's personal belongings and adds a layer of liability coverage that protects both parties if the tenant causes accidental damage. It typically costs $15-$30 a month and isn't legally required in most states, unlike CO detectors, but many landlords add it as a lease condition.

How much notice does a landlord have to give before entering the unit?

24 hours is the most common standard, and California's Civil Code Section 1954 treats 24 hours' notice as reasonable for routine, non-emergency entry [8]. Some states use a different number or just say 'reasonable notice.' Emergencies (gas leak, fire, flooding) allow entry without advance notice almost everywhere.

What can a landlord look at during a rental inspection?

Typically life-safety and habitability items: smoke and CO detectors, electrical and plumbing condition, heating function, window/door locks, egress routes, and visible pest or damage issues. Inspectors generally shouldn't search personal belongings or use the visit to look for unrelated issues beyond visible safety and code concerns.

What can't a landlord do in Ohio?

Under Ohio Revised Code 5321, landlords cannot shut off utilities to force a move-out, cannot change locks without a court order (no self-help eviction), cannot enter without reasonable notice except in an emergency, and cannot retaliate against a tenant for reporting a code violation [7]. Ohio has no statewide CO detector law, but cities can require one locally.

Sources

  1. National Conference of State Legislatures, State Carbon Monoxide Statutes: At least 30 states plus D.C. have some form of carbon monoxide detector law for residential buildings
  2. Massachusetts 527 CMR 31.00, Carbon Monoxide Alarms: CO alarm must be within 10 feet of each bedroom door, on every level with a bedroom
  3. California Health and Safety Code Section 13260-13263: California requires CO devices in all dwelling units for human occupancy, with owner installation duty in existing units by January 1, 2013
  4. New York Public Health Law Section 378 (Amanda's Law): New York requires CO detectors in most residential buildings with fuel-burning appliances
  5. Texas Property Code Section 92.259: Texas landlord CO detector duty is tied to fuel-burning heaters, fireplaces, attached garages, or written tenant request
  6. CDC, Carbon Monoxide Poisoning Data and Statistics: Unintentional non-fire CO exposure causes over 100,000 ER visits and more than 400 deaths per year in the U.S.
  7. Ohio Revised Code Section 5321.04: Ohio landlord duties include maintaining safe premises, complying with codes, and not shutting off utilities or changing locks to force eviction
  8. California Civil Code Section 1954: California treats 24 hours as reasonable notice for landlord entry in most non-emergency situations
  9. California Civil Code Section 1950.5: California tenants can request an initial move-out inspection at least two weeks before tenancy ends

Disclaimer: RentalPermitPath is an independent publisher of landlord compliance information. We are not a law firm and this is not legal advice. City programs change; always confirm current requirements with your city's rental licensing office. This packet helps you organize and prepare; it does not file anything for you or guarantee any inspection or licensing outcome.

RentalPermitPath Editorial Team

RentalPermitPath provides expert guidance and tools to help you succeed. Our content is reviewed for accuracy and kept up to date.

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