Carbon Monoxide Detector Law California: Landlord Duties (2026)

✓ Law Verified September 28, 2026

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.

The short answer: If your rental burns gas or another fossil fuel, has a fireplace, or has an attached garage, your landlord must provide a carbon monoxide device. It must be approved and listed by the State Fire Marshal. The deadlines to install one passed years ago, so a covered unit should already have one. Under carbon monoxide detector law california, a landlord who is cited gets 30 days to fix it. After that, the landlord can be fined up to $200 per offense. You may also be able to recover up to $100 in actual damages, plus court costs and attorney’s fees.

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.

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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.

Once a landlord gets a notice to correct, they have 30 days to fix the problem under HSC 17926(c)(2). If they miss that window, they can be fined up to $200 for each offense. Keep a copy of any notice and write down the date.

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.

Bottom line: If your rental has gas heat or a gas appliance, a fireplace, or an attached garage, your landlord must provide an approved carbon monoxide device. Carbon monoxide detector law california gives a cited landlord 30 days to fix it, then allows fines of up to $200 per offense. Put your request in writing, call code enforcement if nothing changes, and contact legal aid if you face retaliation or eviction.

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Find Your State’s Exact Rules

Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.

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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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Renting? Protect your belongings — compare renters insurance at Home Insure Guide. Divorce involving a lease? See Divorce Help Guide. Unsafe housing / toxic mold injury? Some cases qualify — see Mass Tort Info.