Does The Landlord Pay For A Clogged Drain?

There will always be questions concerning the responsibility of various repairs and obligations regarding the tenant-landlord relationship. In many situations, where those obligations and responsibilities lie is clearly defined by tenant-landlord law.

In many circumstances, however, those definitions will involve a litany of variables. These factors also can make it difficult to determine who is responsible for plumbing issues like a clogged drain. For example, does the landlord or tenant need to pay for a clogged drain problem?

In most cases, the landlord is responsible for fixing a clogged drain. The exceptions here are when the drain has been intentionally misused or in the event of malicious intent. Barring these rare exceptions, the landlord should bear the burden and cost of having clogged drains repaired.

Tenant-landlord law, regardless of where you live, requires landlords to keep homes in inhabitable condition and in a state of decent repair. To this point, clogged drains can not only cause a home or apartment to fall outside the scope of decent repair but can also create potentially unhealthy and uninhabitable conditions as defined by the law.

Knowing what the tenant obligations are and what responsibilities belong to the landlord is important for everyone involved. That also includes issues pertaining to plumbing problems like clogged drains.

It is typically assumed that the tenant will avoid making any major changes to the property structure without first getting approval from the landlord. When a problem is encountered with the apartment or rental property, however, these expectations can vary greatly.

In some cases, the lease agreement won’t inhibit or promote repairs like drain cleaning by the tenant. These rental contracts can also fall on the other end of the spectrum and even prohibit any repairs and require tenants to contact property management. Failure to comply with these agreements can negate the landlord’s obligation to pay for the expenses to fix a clogged drain.

A standard of tenant-landlord law is the obligation of the landlord to provide a suitable rental property. The law often defines this as inhabitable or livable. In the event of a clogged drain, the landlord is required to both fix and cover the expenses of these repairs as this presents a situation deemed uninhabitable.

Barring any malicious efforts on behalf of the tenant or a violation of the contract (such as the aforementioned example), landlords must not only fix and pay for repairs, but they need to do so sooner than later. Although a clogged drain may not seem like an immediately concerning problem, it can pose a surprising number of risks.

If you are experiencing a problem with a sink that is draining slowly, then that means it is time to address the concern. Many tenants will be inclined to buy some drain cleaner right away, but it may be wise to stop and read your lease agreement first. In some cases, landlords will advise against using certain types of drain cleaners or any cleaners at all for fear of damaging PVC and other plumbing structures.

It is also important to contact the landlord to advise them of the problem. The law states that landlords have a “reasonable” amount of time to fix problems. The tenant-landlord law also states that it is the tenant’s responsibility to make the landlord aware of the problem.