Asked by user in Oregon. Answered by Enjuris Editors.
Under Oregon Revised Statute § 479.270, landlords are required to install working smoke detectors (along with written information for testing and maintaining the smoke detector) throughout each rental unit.
However, once the landlord provides a working smoke detector, it becomes the duty of the tenant to keep and maintain the smoke detector unless the tenant provides written notice to the landlord of a defect.
In other words, if your landlord failed to provide you with a working smoke detector when you moved into your rental unit, you may be able to recover damages from your landlord by filing a personal injury lawsuit based on negligence. To do so, you’ll need to prove that your landlord’s failure to provide a working smoke detector was the reason your rental unit burned down.
On the other hand, if your smoke detector failed sometime after you moved into your rental unit, you can’t recover damages from your landlord (unless you requested that your landlord fix the smoke detector) because it was your responsibility to maintain the smoke detector.
As for fire extinguishers, landlords in Oregon are generally nor required to provide fire extinguishers, although some municipalities may have ordinances to the contrary.
It may be worth talking to an attorney about your options. Most initial consultations are free. You can find one using our free online directory or the Oregon State Bar Attorney Referral Service.