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• • ORDINANCE N0. 1093-C PAGE 5 (c) During the term of a lease or during a renewal or extension, the landlord has a duty to inspect- and repair a smoke detector, bit only if the tenant gives the landlord notice of a malfunction or requests to the landlord that the smoke detector be inspected or repaired. This duty does not exist with respect to damage or malfunction caused by the tenant, the tenant's family, or the tenant's guests during the term of the lease or a renewal or extension, except that the landlord has a duty to repair or replace the smoke detector if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead. (d) The landlord must comply with the tenant's request for inspection or repair within a reasonable time, considering the availability of material, labor, and utilities. (e) The landlord has met the duty to inspect and repair if the smoke detector is in good working order after the landlord follows the recommended test procedures of the manufacturer for the particular model. (f) The landlord is not obligated to provide batteries for a battery-operated smoke detector after a tenant takes possession if the smoke detector was in good working order at the time the tenant took possession. § 92.259. Landlord's Failure to Install, Inspect, or Repair (a) A landlord is liable according to this subchapter if: (1) after the tenant requested the landlord to install, inspect, or repair a smoke detector in the tenant's dwelling unit as required by this subchapter, the landlord did not install the smoke detector or inspect or repair the smoke detector within a reasonable time after the tenant's notice of malfunction or request for repair, considering the availability of materials, labor, and utilities; and (2) the landlord does not install, inspect, or repair the smske detector on or before the seventh day after the date the tenant gives the 'landioxd.writ~en:nc?tice that the tenant may exercise his remedies under this subchapter' if,the landlord does not comply with the request.. within seve}~ days. ~~: ~. ' • ~ , ., ,~ (b) l~ khe tsr-t111t'8 lease is iq writing, the, lease may require the tenant to make the initial request for installation, inspection, or repair in waiting. . • ~ ~ .. ~ ' S 92.260•. Tenant Remedies , A tenant o~ a landlord who 1s liable under Section 92.259 may obtain or exercise one or more"og the following remedies: (1) a court order directing the landlord to comply with the tenant's request; (2) a judgment against the landlord for damages suffered by the tenant because of the landlord's violation; (3) a judgment against the landlord for one month's rent picas $100; (4) a judgment against the landlord for court costs and attorney's fees; and (5) unilateral termination o~ the lease without a court proceeding. F~