Smoke Detectors Under Oregon's Landlord and Tenant Act
Landlords in every state have an implied duty of habitability. The legal duty requires them to provide habitable and fit housing to their tenants and to comply with state and local government building codes. In Oregon, their duty of habitability requires them to keep their rentals safe from fire hazards by maintaining working smoke alarms in each of their rentals, as required in Section 90.320 of the Oregon Code.
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Smoke Detector Types
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In Oregon, the Oregon Revised Statutes Section 479.250 to 479.300 requires landlords to buy, install and keep smoke detectors in working order for each of their rentals. Landlords have a duty to provide their tenants with at least one set of batteries if they installed battery-operated detectors at the start of their rental term. Landlords can only purchase smoke detectors which meet the statutory technical requirements for ionization, photoelectric alarms and sensors for tenants with hearing impairments. Oregon law allows tenants to terminate their lease agreements with written notice after 30 days of providing notice to their landlords of material noncompliance if their landlords do not immediately attempt to cure the violation. Tenants may also file complaints with the local county or city building inspector.
General Responsibility
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Landlords in Oregon are required to supply working smoke detectors for each of their rental units that are approved by the state. They must provide each tenant with a written set of instructions for operating their smoke detectors at the beginning of the lease term, and they must provide subsequent written instructions if their tenants provide them with written notice of existing defects. Tenants have the legal responsibility to replace batteries during their tenancy, and their landlords must keep them in working mechanical order.
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Location
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Landlords must provide smoke detectors outside each bedroom and must install at least one on each level in homes with more than one level. The state's installation requirements mandate installation on ceilings at least 4 inches away from the closest wall. Alternatively, landlords may install the smoke detectors on walls if they are placed 4 to 12 inches from the ceiling.
Ongoing Maintenance
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Landlords must test their smoke detectors placed in common areas at least once every six months. For smoke detectors within individual apartments, tenants are required to test them at least once every six months and replace batteries, as necessary. Tenants have a legal duty to provide their landlords with a written notification of defects, and once provided, their landlords must immediately repair them.
Considerations
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Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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