The short answer
If carbon monoxide from a furnace, boiler, water heater or flue in your rented home made you ill, your landlord, the property manager or a contractor who serviced the equipment may be responsible. Keep every record, put concerns in writing, and get advice early: equipment is often repaired or replaced within days.
Your landlord has a duty of care: they are responsible for your safety and, in nearly all cases, for the installation of a carbon monoxide alarm. You should have records of all checks done at your rented home.
What landlords are expected to do
Rules differ from state to state and city to city, but the same themes come up again and again. A rental home must be fit to live in, fuel-burning equipment must be installed and maintained properly, and many states now require carbon monoxide alarms in rentals that have gas appliances, a fireplace or an attached garage.
- Safe heating and hot water. Furnaces, boilers and water heaters serviced and kept in working order.
- Clear venting. Flues and chimneys that are intact, connected and not blocked.
- Working alarms where state or local law requires them, fitted and tested at the start of each tenancy.
- Prompt repairs once a tenant reports a fault, a smell of fuel, soot or symptoms.
A tenant reports the problem. Fixing it safely is the landlord’s job.
How it usually happens
Most rental cases trace back to equipment that was old, poorly serviced or altered: a cracked heat exchanger in a furnace, a water heater vent that has slipped apart, a chimney blocked by debris or a bird’s nest, or a boiler room that shares air with apartments above. In apartment buildings, carbon monoxide can travel between units through shared walls, ducts and stairwells, so neighbors may feel unwell at the same time.
Long-term, low-level exposure is common in rentals. The signs are headaches, tiredness and nausea that get better when you are away from home and return when you come back.
Who may be liable
What to keep
- Your lease and every message to the landlord or manager about heating, smells, soot or alarms.
- Medical records, including any carboxyhemoglobin (COHb) blood test and when it was taken.
- Fire department and gas utility reports, with any carbon monoxide readings.
- Photos of the appliance, vents, alarms (or where alarms should have been) and any service stickers.
- A symptom diary for everyone in the home, including pets, noting when symptoms ease and return.
Questions
There was no alarm in my apartment. Does that matter?
It can matter a great deal. Many states and cities require carbon monoxide alarms in rentals with fuel-burning appliances. Whether one was required, and whether it worked, is one of the first things to check.
I told my landlord about the smell. Should I have done more?
Reporting a problem is exactly what a tenant should do. Keep a copy of what you sent and when. It helps show the landlord knew.
The landlord wants me to sign something after the repair.
Be careful about signing anything before you understand your rights. Some documents include a release of claims.