Landlord and Tenant’s Duties. Landlords must verify that that the smoke detectors are installed and in good working order at the commencement of the rental agreement. The tenant must maintain the smoke detectors in good working order during the rental period. The landlord must use an approved smoke detector as defined by statute. If the landlord fails to provide adequate smoke detectors, the tenant may notify the landlord by certified mail, return receipt requested that, if working smoke detectors are not installed within 72 hours of receipt of the letter, the tenant may install smoke detectors and deduct the cost from the tenant’s next month’s rent. The landlord cannot remove smoke detectors installed by the tenant.
Approved Smoke Detectors. An approved smoke detector is a battery-operated device that is capable of detecting visible or invisible particles of combustion and that bears a label or other identification issued by an approved testing agency having a service for inspection of materials and workmanship at the factory during fabrication and assembly. I.C. § 6-320.
If you are a landlord and have questions concerning your duties and responsibilities, we can help. Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Landlord and Tenant Law and Real Estate attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net . We will answer your Idaho Landlord and Tenant Law and Real Estate questions and will help you solve your Idaho Landlord and Tenant Law and Real Estate needs.
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