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The fact that the fire extinguisher was empty will not negate your liability. You MAY be able to get contribution from the landlord depending on the language of your lease. So if the lease required that the landlord provide and maintain/inspect fire extinguishers, that would help you. If the lease is silent on that issue, that could hurt.
Are landlords required to provide a fire extinguisher and smoke …
Dear Consumer Ed: By law, is it the landlord’s responsibility to provide a fire extinguisher and smoke detectors in the apartment?
It is common for a commercial lease to require the landlord to ensure the premises are fire compliant and has the appropriate safety equipment. However, you as the tenant may have an obligation to maintain and service that equipment during the term of the lease. However, the type of maintenance that you are required to do only needs to be that …
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Does my Landlord have to provide a fire extinguisher?
For the answer to this question, we consulted the Office of Insurance and Safety Fire Commissioner. Your landlord is required to provide a fire extinguisher in either the common areas of your apartment complex or in your apartment unit. In addition, an apartment, house or condominium must contain a smoke detector.
Can a landlord shift the fire safety obligations to a tenant?
Can a Landlord Shift the Fire Safety Obligations to Me? It is common for a commercial lease to require the landlord to ensure the premises are fire compliant and has the appropriate safety equipment. However, you as the tenant may have an obligation to maintain and service that equipment during the term of the lease.
What do I need to know about fire safety in rental properties?
there is fire equipment installed in the premises, noting that this should include fire extinguishers, fire sprinklers, fire blankets and fire alarms; there are fire certificates for the premises that certify that the landlord has regularly and properly serviced the fire equipment. If in doubt, engage a fire safety expert for a building report.
Who is responsible for fire safety in a lease?
Your lease should specify who has the responsibility for the installation of fire safety equipment and any maintenance obligations. While a good lease should explain the responsibilities of you and the landlord, there are also some other legal principles that underpin a lease.
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Reference:
https://www.usfa.fema.gov/
https://en.wikipedia.org/wiki/Fire_extinguisher