Carbon monoxide detector law california requires your landlord to install a state-approved carbon monoxide alarm in your home if it has a fuel-burning heater or appliance, a fireplace, or an attached garage. If a letter cites Health and Safety Code 17926, it is talking about this duty. Under carbon monoxide detector law california, a landlord who ignores a 30-day notice to correct can be fined up to $200 for each offense.
What Carbon Monoxide Detector Law California Actually Says
Carbon monoxide is a gas you cannot see or smell. It comes from burning fuel, like a gas furnace, a gas stove, or a car running in a garage. That is why the law focuses on homes with these risks. You can read the full text in California Health and Safety Code 17926 on the Legislature’s official website.
In plain English, carbon monoxide detector law california puts the duty on the owner, not on you. The owner must install a device approved and listed by the State Fire Marshal under Section 13263. The owner must also place the devices correctly. That means following the building standards for new construction or the manufacturer’s instructions, if it is technically feasible to do so.
Carbon monoxide detector law california also sets a penalty and a damages cap. Here are the key numbers, taken directly from the statute:
| Provision | Exact rule | Section |
|---|---|---|
| Who must install | The owner of a dwelling unit intended for human occupancy | HSC 17926(a) |
| Single-family homes | Install by July 1, 2011 | HSC 17926(a)(1) |
| All other existing dwelling units | Install by January 1, 2013 | HSC 17926(a)(3) |
| Hotel and motel units | Install by January 1, 2017 | HSC 17926(a)(2) |
| Notice to correct | 30 days to fix before a fine | HSC 17926(c)(2) |
| Fine | Infraction, up to $200 for each offense | HSC 17926(c)(1) |
| Damages | Actual damages up to $100, not counting court costs and attorney’s fees | HSC 17926(d) |
Who Carbon Monoxide Detector Law California Covers (and Who It Does Not)
Carbon monoxide detector law california covers existing dwelling units that have at least one of three things. The first is a heater or appliance that burns fossil fuel, such as natural gas or propane. The second is a fireplace. The third is an attached garage. For example, an apartment with a gas stove is covered. So is a house with a garage attached to it.
However, a unit with none of those features is not covered by this section. For example, an all-electric apartment with no fireplace and no attached garage typically falls outside it. Hotel and motel units are covered too. Their deadline was January 1, 2017.
Cities and counties can add their own rules. Section 17926(e) allows a local ordinance on carbon monoxide devices, as long as it is consistent with state law. As a result, your city may have extra requirements under carbon monoxide detector law california. In most cases, your local building or code enforcement office can tell you what applies where you live.
What Your Landlord Must Do Under This Law
Your landlord’s main job is simple. They must install an approved carbon monoxide device in a covered unit. They must also use the right number of devices and put them in the right places. Under carbon monoxide detector law california, those choices follow new-construction building standards or the manufacturer’s instructions.
All of the install deadlines passed years ago. That means a covered rental should already have a working device today. If yours does not, the landlord is already out of compliance with carbon monoxide detector law california.
The statute does not list every detail about testing, battery changes, or entry to install. Nearby sections of the same code may cover those issues. Check the official code site or ask your local code enforcement office to confirm them.
What You Can Do When It Is Broken
Start by telling your landlord in writing that there is no device, or that it does not work. Keep a copy of the message. Take dated photos. In most cases, a clear written request gets the problem fixed quickly. This is also your best proof if you need it later.
If nothing changes, contact your city or county code enforcement or building department. They can inspect the unit. Under carbon monoxide detector law california, an official notice starts the 30-day clock. After that, the owner can face a fine of up to $200 per offense. However, the fine goes to the government, not to you.
For money, carbon monoxide detector law california limits this section’s remedy to actual damages of up to $100. Court costs and attorney’s fees are not counted in that cap. Subdivision (d) also says it does not affect other rights you may have under the law. If you face retaliation or an eviction, contact a local legal-aid office or a tenant attorney right away.
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Frequently Asked Questions
My apartment has a gas stove but no alarm. Is my landlord breaking the law?
Very likely, yes. A gas stove is a fossil fuel burning appliance. Under carbon monoxide detector law california, that means the unit needs an approved device. The deadline for most rentals was January 1, 2013.
Can I withhold rent because there is no carbon monoxide alarm?
This section does not give a rent-withholding right. Withholding rent can put you at risk of eviction if you do it wrong. Talk to a local legal-aid office or tenant attorney before you hold back any rent.
How much money can I get if my landlord ignores the law?
Carbon monoxide detector law california caps damages under this section at $100 in actual damages. Court costs and attorney’s fees are not counted in that cap. You may have other claims under different laws, so check with legal aid.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.