Texas smoke-alarm law is precise about placement, testing and blame. Property Code §92.255 requires “at least one smoke alarm in each separate bedroom,” one in the corridor serving multiple bedrooms, one on each level of a multi-level unit, and one inside a single room used for living and sleeping. §92.258 requires the landlord to test each alarm at the start of the tenant’s possession and to inspect and repair during the tenancy when the tenant gives notice. §92.259 makes the landlord liable for not installing at initial occupancy or for not acting within seven days of a tenant’s written notice that the tenant may exercise remedies. And §92.2611 makes the tenant liable for removing a battery without replacing it or disconnecting or damaging an alarm.
The checklist
| Item | Requirement | Section |
|---|---|---|
| Placement | Each bedroom; corridor by bedrooms; each level; inside a studio room | §92.255(a) |
| Type | Detects visible and invisible combustion products; audible in the bedrooms served; UL, FM or UST listed | §92.254 |
| Hearing-impaired occupant | On request, an alarm capable of alerting a hearing-impaired person in the bedrooms it serves | §92.254(a-1) |
| Older units | Units occupied or with a certificate of occupancy before September 1, 2011 may keep the earlier placement standard for existing alarms; new alarms follow §92.255 | §92.255(b) |
| Start of tenancy | Test each alarm with smoke, the test button or the manufacturer’s method; record it | §92.258(b) |
| During tenancy | Inspect and repair on the tenant’s notice or request; the duty of inspection and repair may be waived only by written agreement | §§92.258(c), 92.006(a) |
| Tenant’s written notice of remedies | Act within seven days | §92.259(a)(2) |
| Tenant tampering | Tenant liable for removing a battery without replacement or disabling an alarm | §92.2611 |
| Fire extinguishers | Where furnished, inspect at the start of the tenancy and on request; repair or replace | §§92.263–92.264 |
Making it routine
- Put a smoke-alarm line on the move-in record: location, date tested, signature of both parties.
- Replace batteries at each turnover and note the alarm’s manufacture date; replace units older than the manufacturer’s stated life.
- Put the tenant’s duty in the lease — do not disable, replace batteries, report faults — and cite §92.2611.
- When a tenant reports a fault, treat it as a same-week repair; §92.259’s seven-day trigger follows a written notice of remedies, but the fault itself is a health-and-safety condition.
Frequently asked questions
Where must smoke alarms be installed in a Texas rental?
In each separate bedroom, in a corridor serving several bedrooms, on each level of a multi-level unit, and inside a single living-and-sleeping room (Property Code §92.255).
Must the landlord test the alarms?
Yes, at the beginning of the tenant’s possession, and inspect and repair during the tenancy on the tenant’s notice; the inspection-and-repair duty can be waived only by written agreement (Property Code §§92.258, 92.006).
What if the tenant removes the battery?
The tenant is liable under §92.2611 for removing a battery without immediately replacing it or for disabling an alarm, and the landlord may recover damages (Property Code §92.2611).
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- Texas State Law Library — Landlord/Tenant Law research guide ↗
- Texas State Law Library — Repairs ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.