All states have laws (statutes) that require landlords to install and maintain smoke detectors in leased residential premises (apartments, homes).

Some states such as Iowa, Maine, Massachusetts, Ohio, and Vermont require photoelectric or ionization sensors—at least in new construction. And Oregon requires smoke detectors with a HUSH mechanism that allows the alarm to be silenced or temporarily desensitized for 7 minutes while a known condition such as cooking is causing the alarm to activate.

Most states also require landlords to install and maintain carbon monoxide detectors in leased residential premises. Smoke and carbon monoxide detectors are widely available in the same device.

In North Dakota, landlords are required by law to install and maintain smoke detectors in leased residential premises. The North Dakota Century Code (NDCC) 18-01-03 states that smoke detectors must be installed in accordance with the manufacturer's recommendations and building codes. These devices must be present in each sleeping room and on each floor of the rental unit. While North Dakota law does not specify the type of smoke detector technology to be used (such as photoelectric or ionization), it does mandate that the detectors be kept in good working order. Additionally, North Dakota requires the installation and maintenance of carbon monoxide detectors in residential properties under NDCC 23-09-03. This statute applies to dwellings that have fuel-fired appliances, have an attached garage, or have a fireplace. Landlords are responsible for the installation of these detectors, and they must ensure that they are operable at the beginning of each new tenancy.