Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.258
INSPECTION AND REPAIR.
Operative Text
Sec. 92.258. INSPECTION AND REPAIR. (a) The landlord shall inspect and repair a smoke alarm according to this section.(b) The landlord shall determine that the smoke alarm is in good working order at the beginning of the tenant's possession by testing the smoke alarm with smoke, by operating the testing button on the smoke alarm, or by following other recommended test procedures of the manufacturer for the particular model.(c) During the term of a lease or during a renewal or extension, the landlord has a duty to inspect and repair a smoke alarm, but only if the tenant gives the landlord notice of a malfunction or requests to the landlord that the smoke alarm be inspected or repaired. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke alarm if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead.(d) The landlord must comply with the tenant's request for inspection or repair of a smoke alarm within a reasonable time, considering the availability of material, labor, and utilities.(e) The landlord has met the duty to inspect and repair if the smoke alarm is in good working order after the landlord tests the smoke alarm with smoke, operates the testing button on the smoke alarm, or follows other recommended test procedures of the manufacturer for the particular model.(f) The landlord is not obligated to provide batteries for a battery-operated smoke alarm after a tenant takes possession if the smoke alarm was in good working order at the time the tenant took possession.(g) A smoke alarm that is in good working order at the beginning of a tenant's possession is presumed to be in good working order until the tenant requests repair of the smoke alarm as provided by this subchapter. Acts 1983, 68th Leg., p. 3651, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. 48, Sec. 19, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 869, Sec. 7, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 918, Sec. 1, 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 § 92.258, landlords are required to verify that a smoke alarm is in good working order at the start of a tenancy, using an approved testing method such as smoke, the test button, or the manufacturer's recommended procedure. Once a tenant is in possession, the landlord's ongoing duty to inspect or repair a smoke alarm is triggered by the tenant providing notice of a malfunction or a repair request. If damage or malfunction is caused by the tenant, their family, or guests, the landlord is still required to repair or replace the alarm if the tenant pays the reasonable cost in advance; additionally, landlords are not obligated to supply batteries for battery-operated alarms after the tenant takes possession, provided the alarm was working at move-in.
Plain English — not legal advice.
Under Tex. Prop. Code § 92.258, compliant operators typically document smoke alarm testing at the start of each tenancy using smoke, the test button, or the manufacturer's recommended procedure, and retain records of that verification. During the lease term, operators generally respond to written or verbal tenant notices of smoke alarm malfunction within a reasonable time, accounting for the availability of materials, labor, and utilities. When damage is attributable to the tenant or their household, operators may require advance payment of reasonable repair or replacement costs—including labor, materials, taxes, and overhead—before completing the work.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.258 gives tenants the right to a smoke alarm that is confirmed to be in good working order at the start of their tenancy, and it establishes the landlord's ongoing duty to inspect or repair the alarm once the tenant provides notice of a malfunction. If a landlord does not respond within a reasonable time after receiving such notice, tenants may have remedies available under the broader Tex. Prop. Code §§ 92.001–92.355 framework, which can include filing a complaint or raising the violation in a legal proceeding. Tenants who believe their rights under § 92.258 have not been honored may wish to consult a tenant-rights organization or legal aid service to understand the options available to them.
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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