All states have laws (statutes) that require landlords to install and maintain smoke detectors in leased residential premises (apartments, homes).

Some states such as Iowa, Maine, Massachusetts, Ohio, and Vermont require photoelectric or ionization sensors—at least in new construction. And Oregon requires smoke detectors with a HUSH mechanism that allows the alarm to be silenced or temporarily desensitized for 7 minutes while a known condition such as cooking is causing the alarm to activate.

Most states also require landlords to install and maintain carbon monoxide detectors in leased residential premises. Smoke and carbon monoxide detectors are widely available in the same device.

In California, state statutes require landlords to install and maintain smoke detectors in all leased residential premises, which includes apartments and homes. These smoke detectors must comply with the standards set by the State Fire Marshal and must be installed in accordance with the California Building Code. California law also mandates the installation and maintenance of carbon monoxide detectors in all residential properties that have a fossil fuel burning appliance, fireplace, or an attached garage. Both smoke and carbon monoxide detectors should be operable at the beginning of a tenancy, and landlords are responsible for their maintenance, except when the disrepair is caused by the tenant's negligence. It is important for landlords to follow these regulations to ensure the safety of their tenants and to remain compliant with state housing laws.