The information on this page regards landlord-tenant law only in the state of Washington. Even for Washington, while we strive to keep the content of this website current, the law changes and the content of this page may not be up to date. Also, the information is general in nature and is not a substitute for legal advice about your circumstances.
The Landlord-tenant Act requires the landlord to at all times keep the demised premises fit for human habitation. In addition to this general obligation, the act has several particular requirements. One is complying with a detailed set of rules regarding smoke detection devices.
The landlord is required to install a smoke detection device that conforms to national and state standards before leasing property. The tenant is responsible for maintaining the device, including changing batteries. The landlord must check the smoke detector after a vacancy and assure the detector in operating properly before leasing again. The failure of the owner or tenant to comply with these requirements may result in a two hundred dollar fine.
The landlord must provide a written notice to the tenant that the dwelling unit is equipped with a smoke detection device, that the tenant is responsible for maintenance of the device, and of the potential penalties for failure to maintain the device. The notice must be signed by the landlord or the landlord’s agent and the tenant at the time the lease is signed with copies provided to both sides.
If the dwelling unit is a multi-family building the notice must also state:
1. Whether the smoke detection device is hard-wired or battery operated;
2. Whether the building has a fire sprinkler system;
3. Whether the building has a fire alarm system;
4. Whether the building has a smoking policy, and what that policy is;
5. Whether the building has an emergency notification plan for the occupants and, if so, provide a copy to the occupants;
6. Whether the building has an emergency relocation plan for the occupants and, if so, provide a copy to the occupants; and
7. Whether the building has an emergency evacuation plan for the occupants and, if so, provide a copy to the occupants. Also for multi-family buildings the notice must disclose whether the building has fire safety and protection devices and systems and include a diagram showing the emergency evacuation routes for the occupants.
In addition to the monetary penalties for violation of these requirements, a landlord, whether of a multi or a single-family residence, may face consequences in an eviction action for failure to adhere to the requirements. One King County Superior Court commissioner grants the tenant $100.0 per month as a set-off for violations of these requirements. If the tenant has been in the property for a long time, that could add up. If the landlord is evicting for non-payment of rent for only one or two rental payments, the set-off could conceivably exceed the rent due. The tenant could then get a judgment against the landlord, including a reasonable attorney’s fee.
Landlords should be careful to abide by the statute – and avoid getting burned.