Imagine this scenario: You are a caring, loving parent. You work hard every month to pay the rent and put food on the table. One morning, while getting your kids ready for school, you get distracted and forget the food in the toaster oven. A small fire breaks out, and you quickly put it out. There is some damage, and now the landlord is asking you to repair it. But the apartment had only one smoke detector with a dead battery. Are you responsible? More importantly, just because you live in a rental apartment, does that mean that you leave your family’s safety is in the hands of the landlord?
What Can I Do If My Landlord Would Not Install or Fix Smoke Detectors?
Start by communicating –in writing, preferably email- with your landlord. If you do not hear back, try again –email or registered mail-. If you are still ignored, buy smoke detectors, and provide the landlord with a copy of the receipt. The landlord should compensate you, and if they do not, deduct the amount from next month’s rent. Keep all communications and receipts at hand, never hand the originals. If the landlord threatens to evict you –called retaliatory eviction- talk to a lawyer or your local housing office.
Laws differ from one place to another, but in general, as a renter, you are entitled to a safe living space. Below is a plan of being safe and staying safe, even if your landlord is being a jerk. Remember, you can guard your rights while maintaining a professional relationship, even with the worst landlord.
Before we get into your detailed step-by-step action plan, here are a couple of things you need to know:
The landlord’s responsibilities:
Almost all jurisdictions require the landlord to provide you with a “habitable” place. This means that your apartment should have properly working plumbing; safe-drinking running water; proper sewage; heating; safe lighting & wiring; hygienic, clean and infestation-free place; safe stairways & railings; and finally a place that is safe from fire (including working smoke alarms/detectors at the beginning of your lease) and a safe lockable front door.
Your responsibilities as a tenant:
- Make sure that all the above conditions are met before you sign the lease and move in
- Maintain the property (including testing and replacing the batteries of your smoke alarms/detectors)
- Pay your rent on time
- Inform the landlord promptly if you see any damage –such as water leaks or malfunctioning smoke detectors-
- Do not remove, tamper with or disable smoke detectors (yes, you smokers!) Make sure your kids or teens do not so that behind your back. Replace the batteries if needed.
Now that we know what each party has to do. Let’s get into the action plan if your landlord is not keeping his or her end of the bargain. Specifically, in the issues of fire safety:
Action 1: Have –and keep- a good relationship with your landlord:
Whether you like your landlord or not, he or she will respond to you much quicker if you are friendly, pay your rent one time, and take care of their property.
If you have developed a lousy relationship with your landlord (whether a person or a company), fix the relationship today! Bake cookies and share. Apologize for any wrong you did, and pay your rent on time. Your landlord will be much more likely to listen to your concerns and respond.
Action 2: Always Communicate with your Landlord in Writing:
When you communicate with your landlord about issues (including safety issues), communicate in writing. Preferably, use email so you can have a record of the back and forth conversations. Here are a few tips for sending an email to your landlord:
- Be nice and cordial, even if you are angry.
- Describe the situation accurately without embellishment (pictures speak volumes).
- Suggest (do not demand) the ideal solution to your problem.
- Describe how your solution is good for the landlord (for example, mention that in case of a fire, smoke alarms would alert you and other tenants and save the landlord from thousands of dollars in damage)
- Keep your emails and letters short (less than one page).
- Nicely, request a response within a reasonable amount of time (for example, seven days).
- If you do not hear a response within the timeframe, follow-up with another email or a registered letter, don’t forget to sign and date your letter. Always keep copies!
- Ask your landlord to work with you, so you do not have to contact the local housing or fire department.
Action 3: Contact your local fire department:
Local fire departments take fire safety issues seriously. They know that over half of house-fire deaths occur because there were no functioning smoke alarms in the home. Go to your local fire department and inquire if there is anything they can do to help. Usually, a landlord –who may be ignoring you- is a lot more attentive to the local authorities.
Be nice, and remember, the fire department is there to help, not to solve disputes between you and your landlord. They may be very helpful, or they may decline to help. Do not be rude or insulting.
Action 4: Take Matters in Your Own Hands:
If the landlord is ignoring you or being unreasonable, do not risk your family’s safety. Go out and buy average reasonably priced smoke detectors. Also buy strong and removable mounting tape (like these 3M command strips I personally use at home)
When you return home, mount the smoke detectors using the command strips (so you can remove them later and take them with you if you do not get compensated for what you paid.) Do not make any permanent changes or fixes to the apartment.
Now, send your landlord pictures of the smoke detectors and copies of the receipts. Ask –nicely- for compensation. If you do not hear from the landlord in 30 days, deduct the amount from next month’s rent.
Action 5: Continue to Pay Your Rent:
One of the first impulses that come to mind when your landlord is being a total jerk is to stop paying rent. While that may feel good, it is a terrible strategy. It will get you in legal trouble, and you may also lose your deposit. You may get evicted and find yourself on the street.
If your landlord is risking your safety, follow the proper steps above, keep a line of communication open, and, if necessary, properly break your lease. If you have documented everything properly, the law will protect you (check your local laws, contact an attorney or your local housing department.)
But What if my landlord raises the rent or threatens to evict me?
Have you been paying your rent, and upholding your part of the lease? If yes, then this is called retaliatory eviction, and it is illegal. When a landlord evicts a tenant from the property because of something the tenant was legally allowed to do (for example: properly complained about a safety issue.) Retaliatory eviction is illegal in most jurisdictions. Here are other examples of illegal actions that fall under retaliatory eviction: Not renewing a month-to-month tenancy, changing locks, suddenly raising the rent, or stopping heat, water, electricity, or gas to the apartment.
If you think your landlord is targeting you because of your complaint, contact an attorney or your local housing department.
Action 6: Get renters insurance:
Smoke alarms do fail. Water pipes break. You may not be at home, and your property –and the landlord’s- may be damaged. If you have good renter’s insurance, your policy will cover the cost of the damage. The insurer may investigate and determine who is at fault. If you kept written records of your communication with the landlord, he or she will also pay.
If you don’t have renter’s insurance, your landlord may blame you and keep your security deposit.
What is the best smoke detector for my apartment?
If you decide to buy your own smoke detector, I would highly recommend buying a combination smoke alarm & Carbon Monoxide detector. Also, I would highly recommend buying one with a ten-year battery; it will save you money in the short and the long run. There is nothing worse than a beeping alarm at 3 a.m.!! here is a link to my favorite 10-year Smoke/Carbon Monoxide Combo alarm/detector.