Important: Homzora is a housing research publisher, not a law firm, and nothing on this page is legal advice. This article is general information about the law as published by government and court sources at the time of writing, and it may not reflect later changes or the facts of your situation. Reading it does not create an attorney and client relationship. For advice about your situation, contact a licensed attorney or a legal aid organization in your state.
In the city of Houston, about 538,900 of 930,400 occupied homes, or 57.9 percent, are rented, according to the U.S. Census Bureau’s 2020 to 2024 American Community Survey (Homzora Houston dataset, Table B25003). The median gross rent is $1,361 a month (Homzora Houston dataset, Table B25064). Working smoke and carbon monoxide alarms are some of the most important safety features in any rental, and most states set rules on who must install and maintain them.
This guide explains what Texas law and any local rules in Houston require for smoke and carbon monoxide alarms, what landlords and tenants must each do, and what to do if an alarm is missing or broken.
What Texas law says
A landlord must install at least one smoke alarm in each separate bedroom of a rental unit (Tex. Prop. Code § 92.255). If several bedrooms share a hallway, one alarm must also go in that hallway near the bedrooms, and a unit with multiple levels needs at least one alarm on each level (Tex. Prop. Code § 92.255). Units occupied or permitted before September 1, 2011 may use battery powered alarms that are not interconnected (Tex. Prop. Code § 92.255(b)).
Alarms must be installed following the manufacturer’s recommended procedures (Tex. Prop. Code § 92.257). The landlord must confirm each smoke alarm works at the start of the tenant’s possession, and during the lease must inspect or repair it only after the tenant gives notice of a malfunction (not for damage the tenant caused) (Tex. Prop. Code § 92.258(b), (c)). After move in, the landlord does not have to supply batteries for a battery operated alarm that worked when the tenant took possession (Tex. Prop. Code § 92.258(f)).
A landlord who does not install, inspect, or repair the alarm within seven days after a tenant request can be liable; remedies include a court order, actual damages, a civil penalty of one month’s rent plus $100, attorney’s fees, and termination of the lease without going to court (Tex. Prop. Code §§ 92.259, 92.260). A tenant who removes a battery without replacing it, or knowingly disconnects or damages an alarm, can owe the landlord damages, a civil penalty of one month’s rent plus $100, and attorney’s fees, but only if the lease warns of this in underlined or bold print and the tenant ignores a written notice (Tex. Prop. Code § 92.2611).
Free help in Houston
TexasLawHelp.org publishes free guides for renters (TexasLawHelp.org, Evictions). For other services, call 211 (211.org).
Test your alarms at move in
- Press the test button on every smoke and carbon monoxide alarm the day you move in.
- Note where each alarm is located and whether any room seems to be missing one.
- Check the date printed on the back; most alarms need replacement about 10 years after manufacture.
- Report any missing or failed alarm to the landlord in writing the same day.
- Keep a dated photo of each alarm.
Where alarms usually belong
Building and fire codes generally call for smoke alarms inside and outside sleeping areas and on each level of a home, and carbon monoxide alarms near sleeping areas in homes with fuel burning appliances or an attached garage. The exact rules depend on the law where you live and when the building was built or renovated, as described above. If you are unsure whether your unit has enough alarms, ask the landlord or your local fire department.
A sample request
Date: 2026. To: [landlord]. Re: Alarms at [address]. The [smoke] [carbon monoxide] alarm in [location] [does not work] [is missing]. Please [repair] [install] it as soon as possible and tell me when it will be done. Sincerely, [name].
Send it in a way you can prove and keep a copy.
Your responsibilities as a tenant
- Do not remove, disconnect, or cover an alarm, even when cooking.
- Test alarms monthly and replace batteries if your lease or local law makes that your job.
- Report a chirping, beeping, or failed alarm promptly in writing.
- Never paint over an alarm or hang decorations on it.
Carbon monoxide basics
Carbon monoxide is a colorless, odorless gas produced by burning fuel. Furnaces, water heaters, gas stoves, fireplaces, and vehicles in attached garages can all produce it. Symptoms of exposure can include headache, dizziness, nausea, and confusion. If a carbon monoxide alarm sounds, leave the home right away, get to fresh air, and call 911 or the fire department from outside. Do not go back in until responders say it is safe.
Fire safety habits
- Keep a clear path to every exit and know two ways out of each room when possible.
- Never leave cooking unattended.
- Use space heaters only as the manufacturer directs and keep them away from bedding and curtains.
- Plan a meeting place outside and practice with everyone in the home.
- Keep the fire department number and your address handy for guests and sitters.
Renters insurance
Renters insurance can help replace belongings and cover liability after a fire. Some insurers ask whether the home has working smoke alarms, and some offer discounts for them. Keep proof of your coverage and your alarm tests with your lease.
Mistakes to avoid
- Disabling a nuisance alarm. Ask the landlord to move or replace it instead.
- Assuming someone else reported a problem. Report it yourself in writing.
- Ignoring the end of life chirp. Many alarms chirp when they need replacement, not just a new battery.
Build your evidence file
Landlord and tenant disputes are usually decided by documents. Keep these together from the day you sign:
- The signed lease, every addendum, and every renewal.
- Receipts or bank records for the deposit and each rent payment.
- Dated photos and video of every room at move in and move out.
- Copies of every repair request and the landlord’s replies.
- Every notice you send or receive, with proof of delivery.
Keep copies somewhere other than your phone, such as an email to yourself, so they survive a lost device.
Fair housing
The federal Fair Housing Act prohibits discrimination in rental terms because of race, color, religion, sex, familial status, national origin, or disability (42 U.S.C. § 3604). HUD accepts complaints (HUD, File a Complaint).
Hearing impaired residents
Standard alarms rely on sound. People who are deaf or hard of hearing may need alarms with strobe lights or bed shakers. A tenant can ask the landlord in writing to allow or provide these devices as a reasonable accommodation, and some local fire departments offer them at low or no cost.
After a fire or false alarm
If an alarm went off because of a real fire, call 911 first and only then contact the landlord and your insurer. After any alarm activation, test the device again and replace it if it was damaged. Write down what happened and when, and keep photos of any damage.
Types of smoke alarms
Smoke alarms commonly use ionization sensors, photoelectric sensors, or both. Fire safety organizations often recommend having both kinds of protection because each responds faster to different types of fire. Some alarms are hardwired into the building with a battery backup, and others run only on batteries, including sealed batteries designed to last about 10 years. Interconnected alarms sound together, so a fire in one room sets off alarms everywhere. Ask the landlord which type your unit has.
What chirping means
A single chirp every minute or so usually means a low battery. Repeated chirping after a new battery can mean the alarm has reached the end of its life and needs replacement. Some carbon monoxide alarms use different beep patterns for an emergency, a low battery, and end of life, so read the label on the device. Report any chirping alarm in writing if replacing it is the landlord’s job.
Frequently asked questions
Who replaces smoke alarm batteries in Houston?
It depends on state and local law and the lease, as described above. Many laws require the landlord to provide working alarms at move in and make tenants responsible for testing or batteries during the tenancy.
What if my unit has no carbon monoxide alarm?
Check the rules above for your state and city, then ask the landlord in writing. If your home has gas appliances or an attached garage, a working carbon monoxide alarm is an important safety device regardless of the law.
Can I be charged for an alarm?
Some places allow limited charges, as described above where they apply. Ask the landlord to explain any charge in writing.
Legal notice
Homzora is not a law firm and does not provide legal advice. Laws, court rules, and local programs change, and how they apply depends on your facts. Before you act on anything in this article, confirm the current rules with the court, a licensed attorney, or a legal aid organization.
Sources
- Homzora Houston dataset, Table B25003
- Homzora Houston dataset, Table B25064
- Tex. Prop. Code § 92.255
- Tex. Prop. Code § 92.257
- Tex. Prop. Code § 92.258(b), (c)
- Tex. Prop. Code §§ 92.259, 92.260
- Tex. Prop. Code § 92.2611
- TexasLawHelp.org, Evictions
- 211.org
- 42 U.S.C. § 3604
- HUD, File a Complaint