Texas Health and Safety Code Chapter 766 requires working smoke detectors in all residential rental properties. Denton County follows state law since it lacks authority to impose additional requirements in unincorporated areas. Landlords must install and maintain detectors in rental units.
Texas Health and Safety Code Chapter 766 mandates smoke detectors in residential rental properties statewide. Landlords must install at least one working smoke detector on each level of a rental dwelling, including basements, within the unit. Detectors must be installed according to manufacturer instructions or mounted on the ceiling or wall between six and twelve inches from the ceiling. Tenants must notify the landlord in writing if a detector is missing or not working, and the landlord has seven days to repair or replace it. For owner-occupied homes in unincorporated Denton County, no county ordinance requires smoke detectors beyond what the state building code requires at time of construction. Homes built under the International Residential Code must have interconnected smoke alarms in each bedroom, outside each sleeping area, and on every level. Battery-only alarms are permitted in existing homes. The Denton County Fire Marshal recommends replacing alarms every 10 years.
Under TX Health and Safety Code 766.004, a tenant may obtain a court order directing the landlord to install or repair smoke detectors. If a landlord fails to comply within seven days of written notice, the tenant may purchase and install detectors and deduct the cost from rent (up to $25 per unit). Landlords who fail to install detectors may be liable for damages in negligence claims if a fire injury results.
See how Denton County's smoke detectors rules stack up against other locations.
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