Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.2611
TENANT'S DISABLING OF A SMOKE ALARM.
Operative Text
Sec. 92.2611. TENANT'S DISABLING OF A SMOKE ALARM. (a) A tenant is liable according to this subchapter if the tenant removes a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnects or intentionally damages a smoke alarm, causing it to malfunction.(b) Except as provided in Subsection (c), a landlord of a tenant who is liable under Subsection (a) may obtain a judgment against the tenant for damages suffered by the landlord because the tenant removed a battery from a smoke alarm without immediately replacing it with a working battery or knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction.(c) A tenant is not liable for damages suffered by the landlord if the damage is caused by the landlord's failure to repair the smoke alarm within a reasonable time after the tenant requests it to be repaired, considering the availability of material, labor, and utilities.(d) A landlord of a tenant who is liable under Subsection (a) may obtain or exercise one or more of the remedies in Subsection (e) if:(1) a lease between the landlord and tenant contains a notice, in underlined or boldfaced print, which states in substance that the tenant must not disconnect or intentionally damage a smoke alarm or remove the battery without immediately replacing it with a working battery and that the tenant may be subject to damages, civil penalties, and attorney's fees under Section 92.2611 of the Property Code for not complying with the notice; and(2) the landlord has given notice to the tenant that the landlord intends to exercise the landlord's remedies under this subchapter if the tenant does not reconnect, repair, or replace the smoke alarm or replace the removed battery within seven days after being notified by the landlord to do so.(d-1) The notice in Subsection (d)(2) must be in a separate document furnished to the tenant after the landlord has discovered that the tenant has disconnected or damaged the smoke alarm or removed a battery from it.(e) If a tenant is liable under Subsection (a) and the tenant does not comply with the landlord's notice under Subsection (d), the landlord shall have the following remedies against the tenant:(1) a court order directing the tenant to comply with the landlord's notice;(2) a judgment against the tenant for a civil penalty of one month's rent plus $100;(3) a judgment against the tenant for court costs; and(4) a judgment against the tenant for reasonable attorney's fees.(f) A tenant's guest or invitee who suffers damage because of a landlord's failure to install, inspect, or repair a smoke alarm as required by this subchapter may recover a judgment against the landlord for the damage. A tenant's guest or invitee who suffers damage because the tenant removed a battery without immediately replacing it with a working battery or because the tenant knowingly disconnected or intentionally damaged the smoke alarm, causing it to malfunction, may recover a judgment against the tenant for the damage. Added by Acts 1995, 74th Leg., ch. 869, Sec. 10, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 918, Sec. 4, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 28.01, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 4, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 257 (H.B. 1168), Sec. 5, eff. September 1, 2011.
Under Tex. Prop. Code § 92.2611, a tenant who removes a smoke alarm battery without immediately replacing it, or who knowingly disconnects or intentionally damages a smoke alarm causing it to malfunction, is held liable for resulting harm. A landlord who meets specific notice requirements — including lease language in underlined or boldfaced print and a separate written notice giving the tenant seven days to remedy the situation — may pursue civil remedies including a penalty equal to one month's rent plus $100, court costs, and reasonable attorney's fees. Notably, a tenant is shielded from landlord damage claims if the smoke alarm malfunction stems from the landlord's own failure to make repairs within a reasonable time after being asked.
Plain English — not legal advice.
Property owners and managers operating under Tex. Prop. Code § 92.2611 generally ensure that their lease agreements contain a clearly highlighted notice — in underlined or boldfaced print — informing tenants of the prohibition against disconnecting, damaging, or removing batteries from smoke alarms without immediate replacement. When a violation is discovered, compliant operators typically issue a separate written notice giving the tenant seven days to correct the problem before pursuing remedies such as a civil penalty of one month's rent plus $100, court costs, and attorney's fees. Landlords are also mindful that their own timely response to repair requests is relevant, since a failure to repair a smoke alarm within a reasonable time after a tenant's request can eliminate the landlord's damage claim under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.2611 establishes that tenants have a responsibility to keep smoke alarms functional — removing a battery without an immediate replacement, or intentionally damaging or disconnecting a device, can expose a tenant to civil liability including a penalty of one month's rent plus $100, court costs, and attorney's fees. However, the provision also provides a meaningful protection: a tenant is not liable for damages if the smoke alarm problem resulted from the landlord's failure to make repairs within a reasonable time after the tenant requested them. Tenants who believe a landlord has improperly pursued remedies under this section, or who have questions about their rights, may consider reaching out to a local tenant-rights organization or consulting an attorney familiar with Texas property law.
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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