Tenant took down smoke alarms. What is my risk?

Question

Hello hello. I was just inside one of my units fixing some plumbing, and I noticed they had taken down 3 smoke alarms and the only carbon monoxide alarm. Only two of the original 5 smoke alarms were still up (though I didn't test them) and they were each inside a bedroom. They removed the alarms from one bedroom, the hall, and the utility room next to the gas furnace.

The following is in their lease:

When one of the tenants came home, I asked her what happened to the smoke alarms. She said the batteries had all died at the same time and they needed to get new batteries. I told her that I would have gotten her new batteries if someone had let me know. (They moved in in March 2015. I replaced all smoke alarms with new ones from Costco and installed the CO alarm at that time.)

This is also in their lease:

I know that at least one of the tenants does smoke, but I've seen her walk down the street to do so. When I replaced the kitchen drain today, it smelled like cigarette ash had been rinsed down it. But maybe I'm extra paranoid.

It's 3 women in their late 20's who pay rent on time and who have been very friendly. We live next door to each other but I'm moving soon.

I'm worried 1) that everyone will die in a fire and 2) that I'll lose everything I have because someone died in a fire. There are no sprinklers here. It's a 1958 duplex.

What would you do in my situation? I'm ordering batteries right now, but my concern is that they will continue to remove the alarms (because they might be smoking. But I have no proof.) But if there is a fire, people and property could burn to the ground. And then whose fault is it?

I'm going to email all 3 of them about the smoke alarms (and the furnace filter, because that was completely clogged today when I checked) and quote from the lease, issuing a formal warning, and will replace the alarms with 10 year batteries as soon as they arrive. Any other suggestions?

JD Martin · Answer

My observation only, but in my opinion your letter/e-mail was far too detailed. There's really no reason to go into that much detail. State the issue and the remedy, be pleasant and end it. The more words you use, the more a tenant will believe the issue is open to debate or interpretation.

"Dear tenant: Today during a routine inspection I noticed smoke detectors, required by law, have been removed in X location. These detectors need to be replaced immediately, as it is a violation of X (lease/law). Reinspection will be performed in X days/hours, and any detectors not having been reinstalled will be replaced at your expense. Thank you for helping obey the law and keep everyone safe, the Landlord". Or similar.

Gail K. · Answer

Buy the smoke alarms with the 10 year batteries; these are lithium batteries that are "locked into" the alarms (they cannot be removed). They are more expensive but this business of having tenants replacing batteries will end. "Lock" them into their holders with crazy glue.

Or, hire an electrician and put in wired in smoke alarms.

Gail

Or, hire an electrician and put in wired in smoke alarms.

Gail

Deanna McCormick · Answer

Simple Lease violation they must replace and give them Immediate notice they are not to tamper with any Fire Alarms or safety equipment.. you can state your local fire department laws,. Fine them the cost of fixing or replacement and let them know in the future you will not hesitate to file for eviction action for this type of tampering,, Also I'm sure Fire regulations have some type of verbage for tampering with or disabling fire equipment.. I'd quote that also.

Don't under any circumstance leave the apartment once you've seen the broken alarm and not fix it or your liability becomes a issue.

Certian placement of alarms make them sensitive to sounding.. We had a large complex and had alarms in hallways just outside of a bathroom door... the steam from a recent shower would cause the alarm to go off and we found this a problem in the entire complex for our tenants.. We relocated the alarms and had fewer alarms to fix or replace..

Our maintenance tech always checked and serviced any dangling detectors or missing ones if he was in unit for any type of maintenance.. We then of course notified tenant and took action to charge for repair if needed and with notice about not tampering with safety equipment.

Thomas S. · Answer

It depends on your jurisdiction but landlords should be held responsible for all safety items in a rental. Check with your local building bylaws and the fire marshal.

In my jurisdiction if a smoke alarm is not maintained and a fire results in death the landlord is held liable.

I would take that approach with tenants regardless. You should be informing them in writing that removal of the detectors is grounds for eviction. I would not keep tenants that placed my property at risk. If there is a fire the alarms could save your property considerable damage with a quicker response from the fire dept.

Inform them you will be doing regular inspections of the property and keep detailed records of your inspections in the event you ever end up in court.

You should never waste paper putting tenant responsibilities for any maintenance issue in a lease. No tenant can ever be trusted to take care of your property, they won't do it. Change the lease and take responsibility yourself for your property. You should be doing quarterly inspections of your property to insure everything is in working order, batteries are good, filter replaced, no leaking fixtures, broken windows etc, etc. It is your responsibility to check on and maintain your investment.

Be prepared as the likely hood is you will need to evict or at best not renew their lease. I suggest M2M leases to keep you in control of your property.

Chris Mason · Answer

If you tried to put in a claim with your insurance company for fire damage, and they get a report from the fire department saying fire alarms didn't appear to have been in place, I don't think that would bode well for your insurance claim.

Joe Splitrock · Answer

Account Closed Costco has smoke detectors with 10 year battery / 10 year life. There is no replaceable battery because once the ten years is up, the detectors should be replaced anyways. Tell them the detectors must remain up per your insurance requirements and for their safety.

Give them a written warning via e-mail stating they violated their lease by taking down the smoke alarms.

Deanna McCormick · Answer

@Jd Martin, Account Closed

Failure for a landlord to fix fire equipment and maintain it is a big liability, I wouldn't trust or expect a tenant to take responsibility to maintain or repair. Yearly inspections is code, and any time entering a apartment for service and equipment if it is visually seen removed or damaged it should be immediately replaced, you don't wait. You do it that day.

Also, any servicing for extinguishers has to be done as soon as you notice it's missing or tampered with, a person is required to stay on property, able to contact fire department, until the extinguisher is replaced. Any your extinguishers should be certified by company that they are up to date for service and you keep a copy of that inspection record somewhere other than in the building that MIGHT burn down.

Alarm systems need to be serviced and maintained with certified service yearly and records kept to show same.. and keep extra copy in another location, in case of fire.

Lynn McGeein · Answer

Read your landlord/tenant laws. Ours states that tenants are required to maintain them during the tenancy and not to disable them. If your landlord/tenant laws state something similar, include the excerpt in your e-mail and let them know you expect them to maintain them in proper working order in the future.

Account Closed · Answer

Thanks everyone. @Jd Martin you're right, shorter is typically better, but I needed to address the issue on the same day and didn't see your post until today. Typically I wait a day to write important emails like that, just so emotions don't make me want to write too much. That's partly why I sought help from BP in the first place. I live next door, and in addition to not wanting that kind of liability, I also don't want to die in a fire. So emotions played a role here.

Generally speaking, these are smart, high-quality tenants who take care of the property. We have a friendly, neighborly relationship, so I wanted to make sure that the tone of my email was very serious and that it would not be misinterpreted or ignored. Better to go a little overboard quoting the law than for them to not take me seriously. (As relatively young-ish woman, I sometimes must communicate up to the point of hyperbole to be taken seriously. Comes with the territory of my gender, unfortunately, but que sera sera.)

Also talked with the other tenants last night and they were understanding and apologetic and explained that it was a miscommunication between the three of them, who was going to buy replacement batteries and who thought who was going to put the alarms back up. Based on the conversation, I believe them.

I'm putting in 10 year lithium batteries that cost me a total of $36 for 6, and maybe I'll take a clue from this thread and superglue the doors shut. I'm not going to bill them for it because the email I sent was harsh enough and they get the point. And these batteries will never need replacing again. As people said, sometimes you just have to take matters into your own hands.

Account Closed · Answer

Here's what I just emailed:

Dear [tenants' names],

Today I came over to fix the kitchen sink drain. While there, I noticed that some smoke alarms had been removed, as had the carbon monoxide alarm.

[Tenant] said that those alarms were removed because all the batteries died around the same time, and you have yet to replace them. Though the chances of that happening to both the carbon monoxide alarm AND 3 smoke alarms at the same time are slim, I will give you the benefit of the doubt rather than assume that they were deliberately removed.

That said, I want to remind you of item 11 section 3 of our agreement, which states:

and item 21 section b, which states:

According to ORS 90.325, Tenant Responsibilities, section (2)(a), a tenant may not remove or tamper with a smoke alarm, smoke detector or carbon monoxide alarm as described in ORS 105.842 (Tampering with carbon monoxide alarm) or 479.300 (Removing or tampering with smoke alarm or smoke detector prohibited). Section (1)(f) also states: tenants must test at least once every six months and replace batteries as needed in any smoke alarm, smoke detector or carbon monoxide alarm provided by the landlord and notify the landlord in writing of any operating deficiencies. (This is also spelled out in ORS 479.275, Tenant of Rental Dwelling Unit to Test Smoke Alarm or Smoke Detector and Replace Dead Batteries.)I really like all three of you, and you have been good tenants and neighbors, but this is an incredibly serious issue. I have already emailed you on 8/3/2015 and 9/29/2016 regarding my concern of fire caused by cigarettes and reiterating the no-smoking rule that you each agreed to in the lease. Tampering with the smoke alarms and CO alarm is not only a lease violation, but it's also breaking Oregon law. But the fact that there are rules and laws are not, in and of themselves, always the most important reasons to follow them. If there is a fire, you have literally seconds to get out before you die of smoke inhalation. If you tamper with a smoke or CO alarm and someone dies, not only will you be financially responsible for any court judgments, but (if you survive) you will have to live with the knowledge that your actions caused someone's death.This may sound dramatic but I am dead serious about this. You have violated sections 11 and 13, if not also 21, of our rental agreement, which are grounds for termination of tenancy. Consider this your final and only warning. I will enter the premises Tuesday afternoons 12/6/2016 and 12/20/2016 between 1PM and 6PM to inspect the smoke and CO alarms to make sure they are in working order. I will do another inspection Tuesday 1/17/2017 sometime between 9AM and 6PM, and again every 4th Tuesday between 9AM and 6PM until future notice (2/14, 3/14, 4/11, etc.).Dani

According to ORS 90.325, Tenant Responsibilities, section (2)(a), a tenant may not remove or tamper with a smoke alarm, smoke detector or carbon monoxide alarm as described in ORS 105.842 (Tampering with carbon monoxide alarm) or 479.300 (Removing or tampering with smoke alarm or smoke detector prohibited).

Section (1)(f) also states: tenants must test at least once every six months and replace batteries as needed in any smoke alarm, smoke detector or carbon monoxide alarm provided by the landlord and notify the landlord in writing of any operating deficiencies. (This is also spelled out in ORS 479.275, Tenant of Rental Dwelling Unit to Test Smoke Alarm or Smoke Detector and Replace Dead Batteries.)

I really like all three of you, and you have been good tenants and neighbors, but this is an incredibly serious issue. I have already emailed you on 8/3/2015 and 9/29/2016 regarding my concern of fire caused by cigarettes and reiterating the no-smoking rule that you each agreed to in the lease. Tampering with the smoke alarms and CO alarm is not only a lease violation, but it's also breaking Oregon law.

But the fact that there are rules and laws are not, in and of themselves, always the most important reasons to follow them. If there is a fire, you have literally seconds to get out before you die of smoke inhalation. If you tamper with a smoke or CO alarm and someone dies, not only will you be financially responsible for any court judgments, but (if you survive) you will have to live with the knowledge that your actions caused someone's death.

This may sound dramatic but I am dead serious about this.

You have violated sections 11 and 13, if not also 21, of our rental agreement, which are grounds for termination of tenancy. Consider this your final and only warning. I will enter the premises Tuesday afternoons 12/6/2016 and 12/20/2016 between 1PM and 6PM to inspect the smoke and CO alarms to make sure they are in working order. I will do another inspection Tuesday 1/17/2017 sometime between 9AM and 6PM, and again every 4th Tuesday between 9AM and 6PM until future notice (2/14, 3/14, 4/11, etc.).

Dani

Tenant took down smoke alarms. What is my risk?

Tenant took down smoke alarms. What is my risk?

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