Landlord and Tenant Rights and Responsibilities

questions & answers

Question: if I am a newly leased renter and when I moved into my apartment there was no smoke detector in the apartment and they have not put one in in the past 3 months I've lived here what would be there legal obligation?

Answer: Under A.R.S. 33-1324(A) of the Arizona Residential Landlord and Tenant Act, landlords are required to “comply with the requirements of applicable building codes materially affecting health and safety” as prescribed by A.R.S. 9-1303. Under A.R.S. 9-1303, conditions materially affecting the health and safety of the occupants of a residential rental dwelling include “lack of adequate fire detection systems as required by law.” Under A.R.S. 36-1637, landlords are required to install a smoke detector during the original construction or subsequent renovation of a residential dwelling. However, many local fire codes incorporate regulations which require landlords to install a smoke detector whenever a new tenant moves in. So the answer to your question will depend on (1) whether your rental dwelling was recently constructed or renovated and (2) what your local fire code requires. You may wish to contact your local fire department or town/city hall.