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 South Dakota, landlords are required by law to install and maintain smoke detectors in leased residential premises. South Dakota Codified Laws (SDCL) 43-32-15 mandates that smoke detectors be installed in accordance with the manufacturer's recommendations and building codes. The law also requires that smoke detectors be maintained in good working order. While South Dakota law does not specify the type of smoke detector technology to be used (such as photoelectric or ionization), it does emphasize the importance of functional smoke detectors for tenant safety. Regarding carbon monoxide detectors, SDCL 43-32-16 requires that carbon monoxide detectors be installed and maintained in any residential rental property that contains a fuel-fired heater or appliance, a fireplace, or an attached garage. These detectors must also be in good working order to ensure the safety of the occupants. Landlords are responsible for the installation and maintenance of these safety devices, and failure to comply with these requirements can lead to legal consequences.