Landlord/Tenant Law Legal Topics New Legal Developments Real Property Law

Carbon Monoxide Poisoning Prevention Is on Landlords

In the US, hundreds of people die from carbon monoxide poisoning in their own homes every year. These deaths can be prevented by taking simple measures. California has now firmly placed the responsibility for taking such measures on landlords.

In 2010, the California legislature enacted the Carbon Monoxide Poisoning Prevention Act of 2010 (Health & S C §§1326013263) to help prevent death and illness resulting from carbon monoxide poisoning.

In conjunction with the adoption of the Act, further legislation was added requiring that the owners of all rental units with a fossil fuel burning heater or appliance, a fireplace, or an attached garage, install and maintain carbon monoxide detection devices in the unit. This mandate is effective on July 1, 2011 for existing single-family dwelling units, and on January 1, 2013, for all other existing dwelling units. Health & S C §17926.

The new law further requires that the carbon monoxide detector be operable when the tenant takes possession of the unit. Tenants are responsible for notifying the landlord of any problem with the detector, and the landlord has the responsibility to correct any reported problems. Health & S C §17926.1(c).

Under the law, landlords may enter the units to install, repair, test, and maintain carbon monoxide detection devices. Health & S C §17926.1(b).

For more information on the rights and duties of landlords and tenants, turn to CEB’s California Landlord-Tenant Practice, chap 3. To keep up with all the recent developments in real property law, check out CEB’s program Real Property Law Practice: 31st Annual Recent Developments, available On Demand.

© The Regents of the University of California, 2011. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

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