JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
An Alabama client of mine had this experience, but I think it is relevant nationwide. He had smoke detectors in all rental houses. It was the tenant's responsibility to test the batteries periodically and replace them. In at least one house, a tenant of many years had not done that. There was a fire and the house burned to the ground. The insurance company denied coverage because the smoke detector was not operational at the time of the fire. My brother-in-law, a fire marshal, told me that even if the smoke detector is a melted lump of plastic and metal, they can easily determine if it was operational at the time of fire. He said if operational, they will find evidence of soot inside the detector. No soot, not operational, no insurance coverage.
The lesson--the landlord should check all smoke detectors at least annually, and replace all batteries at that time, and invoice the tenant for the expense.
It's shocking to me that landlords don't think it's their responsibility. In VA, you're required to check them every year. Every year we do it at our annual inspections, and without a doubt, we find some where tenants have removed the batteries, or removed the entire thing-- it's just common place-- tenants don't think safety.
Another thing I'd say, and I'm surprised it's not legally required-- is adding fire extinguishers! We have them, and also additional fire protections such as a fire ball and a fire blanket. Yes, you have to check them each year too, but it's worth it! We have saved 2 houses thus far, just being prepared. Most tenants don't want their houses burned down, they'd rather stop a fire, so make sure your tenants have adequate safety tools to keep it small vs. entire house! The more you can be proactive, the less reactive you have to be!
JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
2y
@Linda S., it is also important to have tenant orientation and perhaps refreshers on how to use the safety equipment. I find short videos are the best way. Also for bed bug prevention and identification. Nobody much reads written materials anymore. A video of no more than 5 minutes, but preferable 3 minutes or less, will be watched.
Wholesaler · Nashville, TN · Member since 2024 · 7 posts · 4 votes
2y
This is a good reminder to keep a check sheet of all the small things. I would imagine a quick walkthrough every 6 months. Should solve this issue, unfortunately tenants in my experience never take care of items as they should. However, still worth the money in my opinion.
I do agree with some above comments. It is up to us landlords to maintain property and be proactive on all fronts.
I tell my tenants I will bring them batteries if the smoke detector or CO2 start beeping and I include this on paperwork at lease signing. I buy the 4-pack of 9V from Harbor Freight for $1.99 when they're on sale from time to time.
Most tenants take me up on the offer and I would much rather pay a few dollars extra per year per tenant than have a tenant at risk of death - especially carbon monoxide poisoning.
Great idea. We do annual inspections and your habit sounds like a great way to further insure the detectors are operational.
Contractor · Nashville, TN · Member since 2014 · 1k+ posts · 1k+ votes
2y
Why is no one talking about how a smoke detector doesn't stop the fire? Insurance can't deny a claim because something didn't beep. House burns down either way, smoke detector just makes sure no one is in it.
I would be getting a lawyer if it was me and making sure that insurance money comes through. It's not like smoke detectors can call the fire dept or something.
Insurance Agent · Norwalk, CT · Member since 2016 · 2k+ posts · 1k+ votes
2y
Denise,
The issue that your client is likely dealing with is that there was a Warranty endorsement on the policy (part of the insurance policy that states that something must be done). It is common on vacant dwellings for the policy to have Warranty that either the heat will be maintained at a certain temp. or the pipes will be drained and winterized.
JD, CCIM , Real Estate Broker · Tuscaloosa, AL · Member since 2014 · 1k+ posts · 1k+ votes
2y
@John Mocker, that might have been it. It was just a short story in passing by a client telling me something that had happened to him in the past, with a residential property. It came up when I told him about fire suppression and alarm systems I was having inspected at one of his commercial properties that I manage.
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
2y
@Denise Evans Modern smoke detectors start going off regularly if they aren't replaced after 10 years so why do 1 year batteries, I do the 10 year batteries. Try to put at least 1 smoke detector somewhere the tenants can't reach. I had a house (good tenants gone bad) where they got sick, took down every detector, smoked in the house, had oxygen. There were burn marks on the floor. Now it could have burned down I wouldn't care so much but they never would have gotten out and that is a big liability issue. I also purchased a building where the fire department wasn't aware the owner installed a local (not 911 connected) fire alarm. The fire department was a little surprized.
Rental Property Investor · Member since 2023 · 1k+ posts · 922 votes
2y
I agree with the two posters who said that smoke detectors are not a valid reason for insurance to deny a fire claim. Failure to mitigate/owner negligence might impact the total of what the insurance company will pay out. Moreover, dead batteries do not make a smoke detector impervious to smoke/soot. It would be there either way.
As to passing costs onto tenants - doing so saves them money. If I can pass an expense through to the tenant they just pay the expense. If the expense is our expense and we must anticipate and collect it through the rent that rent amount includes our 50% margin on the expense. The tenant doesn't see it, but they pay it.
Hello Denise Evans in Tuscaloosa. BP and all the other Rental courses and books and gurus try to make it sound easy to own and rent houses for Passive Income. It's not Passive at all and the smoke detector example is just one of the hundred things that should be on the Manager's list of things to do. Here in Tampa, Florida the Code Enforcement Rule is that EVERY ROOM IN THE HOUSE and HALLWAYS has to have a working smoke detector. Everyone is always looking for a way to not have to do the work and expenses with Rental Properties. Pay more for the Ten Year Sealed Battery Smoke Detectors and then all one has to do is to make sure they are all still in place and push the testing button.
I will only put in the 10 year battery smoke detectors. I write down on them what year they were installed so it is easy to determine if we are close to the end of the 10 years. On top of the potential insurance claim, imagine if someone died because the smoke detector didn't go off. You can have everything you want to protect yourself in the lease but there will be a lawyer out there that will try and say that you are still responsible and not the person that died. That lawsuit would cost more than the building, if you lose, and if you win you will still be out a lot of money; and way more stress than the batteries. I prefer the 10 year battery ones over the hardwired ones. At the end of the 10 years you have to replace the whole unit, but how reliable is any unit after 10 years anyways?
Also @Karl B. never use those Harbor Freight batteries for anything that matters. They are incredibly unreliable and very underpowered. I have tried using some, from time to time, and there are times that they device won't even work because there is not enough energy in the Harbor Freight battery.
We have short term rentals and have been notified several times upon guest arrival that the smoke alarm is beeping. I originally used double A battery alarms because I thought it would be easier to swap out batteries (and I got them on sale). The batteries fail between 9-15 months. Sounds fine until I consider 5+ alarms per unit failing at different intervals. I needed to swap batteries out every 6 months in all units to avoid guest disturbance.
It just doesn't make sense to keep the standard battery alarms when I can buy a 10 year unit for $20 or less. Battery replacement is paid back over the life of the unit (even at $2 per change) and guests or residents are less likely to tamper with alarms if they aren't chirping at them. The 10-year units are a gift of technology I have happily adopted.
I appreciate the comments through this thread about maintenance responsibility and risk. I will investigate the hard-wired units after reviewing other's feedback.