Fire

Landlord fails to install smoke detectors

Citaiton: Zuniga u Salazar Court of Appeals of Texas, 13th Dist. Corpus Christi, No. 13-00-507-CV (2001).

TEXAS August 2, 2001

Questions before the court:

Are landlords are required to provide smoke detectors at the inception of a lease, uunder Texas property law, and not wait for a tenant to request them; even if the tenant has not paid rent.

Facts of the case:

Zuniga entered into an oral agreement to lease an apartment from Salazar. A fire broke out in her apartment, which had caused her to suffer burns and other personal injuries. However, Zuniga had failed to pay rent for the two months prior to the time

Zuniga sued Salazar, claiming his failure to install smoke detectors in his apartment resulted in her injuries. Zuniga based her argument on a Texas law, which stated a landlord was required to install a smoke detector at the inception of a tenant's lease with­out the necessity of a tenant request.

Salazar argued he was not liable under the Texas law because Zuniga failed to pay rent. He also argued he didn't have to install the smoke detec­tor unless Zuniga requested it.

Trial court finds for landlord:

The court ruled that Salazar had no duty to install a smoke detector.

Tenant appealed.

DECISION: Reversed.

Salazar was liable for Zuniga's personal injuries. Texas law required the installation of smoke detectors at the inception of a lease, and not upon request by the tenant. Moreover, Zuniga's non-payment of rent was not a defense for Salazar's failure to install a smoke de­tector. Therefore, the lower court in­correctly ruled in favor of Salazar.

Under Texas property law, landlords are required to provide smoke detectors at the inception of a lease and not wait for a tenant to request them.

Also see: Union Bankers Ins. Co. v. Shelton, 889 S. W. 2d 278 (Tex. 1994).

Smith v. Clary Corp., 917 S.W. 2d 796 (1996).