tenant residential-lease minnesota
Can a tenant assume responsibilities for smoke detectors in Minnesota?
<p>My interpretation is that in Minnesota, the landlord of a residence is responsible for keeping the smoke detector functioning, and that this is part of the implied warranty of habitability. I think that means that if a fire breaks out due to a failure to install or repair the smoke detector, the landlord is liable for damages.</p>
<p>I think the most relevant laws are these <a href="https://www.revisor.mn.gov/statutes/cite/504B.161" rel="nofollow noreferrer">504B.161 COVENANTS OF LANDLORD OR LICENSOR</a> Subd 1(a)(1) and  Subd 1(a)(2) and Subd 2 and <a href="https://www.revisor.mn.gov/statutes/cite/299F.362" rel="nofollow noreferrer">299F.362 SMOKE DETECTOR; INSTALLATION; RULES; PENALTY</a> Subd 5 and 5a.</p>
<p>But I know in the law there's often more to the story. Is there a way for a tenant to agree to assume the risks resulting from broken smoke detectors? What happens to a lease that tries to do this?</p>

<p>The fair reading is that the landlord must always ultimately be responsible for maintaining smoke detectors, even if the lease purports to say otherwise.</p>
<p>The lease could probably shift the economic cost of complying to the tenant (e.g. charging the tenant for batteries and personnel to maintain it in addition to rent). But ultimately, in situations where the statute requires the landlord to have working smoke detectors, the landlord can't use the failure of the tenant to do their job as a defense to liability or a fine. The more specific smoke detector statute probably prevails over the more general statute on allocating responsibilities between the landlord and the tenant when it applies.</p>
