Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.259
LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR.
Operative Text
Sec. 92.259. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR REPAIR. (a) A landlord is liable according to this subchapter if:(1) the landlord did not install a smoke alarm at the time of initial occupancy by the tenant as required by this subchapter or a municipal ordinance permitted by this subchapter; or(2) the landlord does not install, inspect, or repair the smoke alarm on or before the seventh day after the date the tenant gives the landlord written notice that the tenant may exercise his remedies under this subchapter if the landlord does not comply with the request within seven days.(b) If the tenant gives notice under Subsection (a)(2) and the tenant's lease is in writing, the lease may require the tenant to make the initial request for installation, inspection, or repair of a smoke alarm in writing. Acts 1983, 68th Leg., p. 3652, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., ch. 869, Sec. 8, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 918, Sec. 2, eff. Sept. 1, 1995.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 3, eff. September 1, 2011.
Under Tex. Prop. Code § 92.259, a landlord becomes liable when they fail to install a smoke alarm at the start of a tenancy as required by law, or when they fail to install, inspect, or repair a smoke alarm within seven days after receiving written notice from the tenant. The seven-day clock begins once the tenant provides written notice stating their intent to exercise available remedies if the landlord does not comply. If the lease is written, it may also require that the tenant's initial request for smoke alarm work be made in writing.
Plain English — not legal advice.
Under Tex. Prop. Code § 92.259, compliant property operators ensure that a functioning smoke alarm is installed before or at the time a new tenant takes occupancy, without waiting for any request. When a tenant submits written notice requesting installation, inspection, or repair of a smoke alarm, operators acting in compliance address that request within seven days. Maintaining records of smoke alarm installations and any written communications with tenants about smoke alarm maintenance helps document timely compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.259 establishes that tenants have the right to a properly installed smoke alarm from the start of their tenancy, and that a landlord who fails to act within seven days of receiving written notice may be held liable under this subchapter. To trigger the seven-day deadline, tenants generally provide written notice stating their intent to pursue available remedies if the landlord does not comply. Tenants who believe their landlord has not met these obligations may explore options such as raising the violation as a defense in a related proceeding, consulting a local tenant-rights organization, or reviewing the remedies outlined elsewhere in Tex. Prop. Code §§ 92.001–92.355.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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