Carbon Monoxide Poisoning in Rentals: 5 Steps to Stay Safe
Carbon Monoxide Poisoning in Rentals: What Florida and Colorado Landlords Must Do
Carbon monoxide poisoning in rentals is a serious winter risk. As temperatures drop and heating systems start working harder, poorly maintained furnaces, water heaters, and other appliances can put renters at risk.
While tenants generally aren’t responsible for servicing these systems, they’re often the ones affected when something goes wrong. Here’s what Florida and Colorado landlords are required to do about carbon monoxide poisoning in rentals, and what renters should know about their rights.
Why is carbon monoxide poisoning in rentals more common in winter?
Carbon monoxide forms when fuels don’t burn completely. Gas furnaces, water heaters, fireplaces, stoves, and generators can all produce it. If equipment malfunctions or ventilation is blocked, CO can build up indoors.
Symptoms often resemble the flu, including headaches, dizziness, nausea, and fatigue. Exposure can happen year-round, but the risk increases during colder months when heating systems are used more frequently. If a leak is not discovered, it can be fatal.
Under Florida Statute § 553.885, certain buildings and additions constructed on or after July 1, 2008, must have operational CO alarms if they contain fuel-burning appliances, fireplaces, or attached garages.
What is a CO alarm?
A carbon monoxide (CO) alarm is a device that detects CO in the air and sounds a loud warning before the gas reaches dangerous levels. It is not the same as a smoke alarm, which will not catch CO. Some units combine both functions, so check the label.
CO alarms come as plug-in, battery-powered, or hardwired models, and many have a backup battery. They also expire. Most have a sensor lifespan of several years, so check the manufacturer’s date on the back of the unit.
For carbon monoxide poisoning in rentals, a working alarm is often the only early warning, because CO has no color or smell. Tenants should test alarms regularly and tell the landlord in writing if one is missing, chirping, or not working.
What are Colorado landlords required to do about carbon monoxide?
Colorado’s Lofgren and Johnson Families Carbon Monoxide Safety Act requires CO alarms in certain rental properties with fuel-burning appliances, fireplaces, or attached garages.
Covered properties generally need working alarms within 15 feet of sleeping-room entrances, subject to building codes and certain exceptions.
Colorado landlords must:
- Ensure required alarms work when new tenants move in.
- Address missing or defective alarms after receiving the required written notice.
- Maintain heating and gas systems in accordance with applicable safety and habitability laws.
Tenants should regularly test alarms and report problems in writing. Colorado’s warranty of habitability laws also provide protections when unsafe conditions threaten a renter’s health or safety.
What are Florida landlords required to do about carbon monoxide?
Under Florida Statute § 553.885, certain buildings and additions constructed on or after July 1, 2008, must have operational CO alarms if they contain fuel-burning appliances, fireplaces, or attached garages.
Alarms generally must be installed within 10 feet of sleeping rooms or as required by the Florida Building Code. Older properties may be subject to different requirements.
Florida Statute § 83.51 also requires landlords to comply with applicable building, housing, and health codes.
If a landlord fails to correct a material violation, tenants may have legal remedies. Under certain circumstances, Florida law allows tenants to provide written notice and terminate a lease if the problem isn’t corrected within seven days.
If you suspect an active carbon monoxide leak, leave immediately. Do not wait for a landlord to respond or a repair deadline to pass.
Can a landlord be held responsible for carbon monoxide poisoning in rentals?
Yes. A landlord may be held liable if they knew, or reasonably should have known, about a dangerous condition, failed to take appropriate action, and that failure caused an injury.
Evidence that may help establish negligence includes:
- Previous complaints about faulty heating or gas odors.
- Missing or malfunctioning CO alarms.
- Poor maintenance or inspection records.
- Blocked vents or defective heating equipment.
- Multiple tenants experiencing similar symptoms.
Charles Flaxman’s experience evaluating insurance claims and Steven Flaxman’s background in insurance defense give Flaxman Law Group insight into how insurers investigate these cases.
Depending on the circumstances, injured tenants may be able to recover medical expenses, lost income, and other damages. Serious cases can involve long-term health effects or wrongful death claims.
How long do you have to file a carbon monoxide poisoning lawsuit?
Florida: Most negligence claims arising after March 24, 2023, have a two-year filing deadline. Wrongful death claims generally also have a two-year limit.
Colorado: Most negligence-related personal injury claims have a two-year deadline, although the timing may depend on when the injury and its cause were discovered.
Exceptions may apply, so it’s important to understand the deadline for your specific situation.
What should you do if you suspect carbon monoxide in your rental?
- Get everyone outside immediately, including pets, and call 911 from a safe location. Don’t reenter until emergency responders say it’s safe.
- Seek medical attention. Tell medical personnel you suspect carbon monoxide exposure.
- Notify your landlord in writing once you’re safe and keep copies of your communications.
- Save evidence, including repair requests, inspection reports, and photographs taken only when safe.
- Speak with an attorney before signing any settlement or release.
To help prevent exposure, test your CO alarms regularly, report heating problems promptly, and never use generators, grills, or gas ovens to heat your home.
What if your landlord ignored carbon monoxide warning signs?
Carbon monoxide poisoning in rentals can lead to a legal claim. If you or someone in your household suffered carbon monoxide poisoning because of unsafe conditions in a rental property, you may have grounds for a legal claim.
At Flaxman Law Group, our attorneys bring experience from both sides of the insurance industry to help injured tenants understand their rights and evaluate their options.
Contact Flaxman Law Group to discuss your situation directly with an attorney.
This article provides general information and is not legal advice. Laws and individual circumstances vary.