Is Landlord Responsible For High Water Bill Due To Running Toilet?

Ossiana Tepfenhart
by Ossiana Tepfenhart

When you first rented your apartment, things went swimmingly. Then, the toilet started running. First it was a little dribble. It never seemed to stop. You called the landlord and nothing happened for a while. Then, your landlord got your water bill. It’s sky high. Does this sound like your scenario? It may be time to know who’s to blame.

When it comes to water bills, the responsibility rests solely on the person whose name is on the bill. However, your landlord is required to fix the running toilet by law. If it hasn’t been fixed in a timely matter, you may have the right to withhold rent.

Figuring out what your landlord is responsible for can be a nightmare. Before you panic, it’s important to take a look at how things work in your area.

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Before We Begin: Ask A Lawyer

Upgraded Home is an awesome site for home improvement advice, and to a lessor point, advice on renting. However, we’re a national site. Laws change from state to state. Sometimes, it’s even from town to town. If you are having a legal dispute, then you need to hire a real estate lawyer in your area to figure out what’s right for your situation.

We are providing this information as a general guideline on what most states’ laws have in place. Your personal situation may not reflect what is written here.

Whose Responsibility Is The Water?

In the vast majority of landlord-renter relationships, landlords will pay for hot water as part of rent prices. Water is generally going to be a bill that the landlord has to factor into their payments. So unless you are actively billed a water bill or were declared responsible for water via your rental agreement, you have nothing to worry about.

Take a look at your renter’s agreement. You will be able to see all the details about the water bill there. If you were never required to pay the water bill in the first place, this is not your problem. Otherwise, you might have a problem on your hands.

What If My Renter’s Agreement Says I’m Responsible?

If you have a rental agreement that shows you as the person responsible for water conservation and your water bill, you’re stuck footing the bill. Moreover, even if your landlord has delayed your repairs, you will still be responsible for your water bill.

What Happens If A Leak Causes Your High Water Bill?

In most cases, your landlord won’t say anything. I mean, it’s not your bill to pay. However, that doesn’t mean they can’t complain. Depending on your state, landlords might have the right to complain. In some cases, such as areas of extreme drought, extreme water consumption could lead to a municipal fine passed onto you.

How To Deal With A Running Toilet

If you hear your toilet’s water running minutes or hours after a flush, it is in your best interest to address the problem as soon as possible. In fact, it’s actually your responsibility to tell your landlord as soon as an issue arises in your apartment. That includes a runny toilet. Here’s how to deal with your running toilet:

  • Tell your landlord ASAP. The sooner the landlord knows, the faster it can get fixed. Besides, it helps ensure that you don’t get written up for failure to report the issue.
  • Give your landlord time to fix the toilet. In reality, this is one of those things that shouldn’t have more than a two- to three-day delay in terms of fixing.
  • If your landlord does not fix the problem in a timely manner, hire someone to do it and send the bill to your landlord. Many states allow renters to withhold rent that went to fixing a problem with the apartment that was not fixed by the landlord.
  • Consult a real estate lawyer if you’re having serious problems. At times, this can be grounds to break a lease early, sue your landlord, or otherwise change your situation.

How Much Excess Water Use Can Happen Due To A Runny Toilet?

A runny toilet can cause a lot more damage than you would expect, especially if your toilet is running heavily. Each toilet flush will take at least three gallons of water. When your toilet starts to leak around the flapper controlling water flow, you’re stuck with a toilet that constantly flushes.

While every toilet leak is different, the average leaky toilet will waste 200 gallons a day. Within a week, you could end up wasting 1,400 gallons or more. Needless to say, this can lead to a serious water bill that you might struggle paying…even if you are well-off.

How Much Can A Leaky Toilet Impact Bills?

Leaky toilets won’t make that much of an impact on your water bill in most parts of the country—at least, not when it comes to the base price. If you assume a base rate of $1.50 per 1000 gallons, a leaky toilet will add around $1.80 to your water bill after a week.

This may not seem like much, but it’s important to realize that there are other fees that can occur. In some areas, you may actually face fines for extreme water use. (Looking at you, California!) If you’re a landlord, it makes sense to try to tame your toilet’s leak, if only to avoid fines.

Can A Landlord Raise Your Rent For Excess Water Use?

If your landlord just threatened to raise your rent to “cover the water use,” you may need to call a real estate attorney. While landlords can raise your rent annually, they cannot just randomly pick what time of year they do their rent increase. Moreover, excess water use should never involve a serious threat from your landlord.

A landlord generally cannot evict you based on your water use. If you get a letter claiming that you can be evicted, now would be a time to get a real estate attorney. Moreover, if the excess water use was caused by the leaky toilet you alerted them about, your landlord has no one else to blame but himself.

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Related Questions

What causes a running toilet?

The most common cause of a running (or “leaky”) toilet is a pretty simple. The flapper that controls the flow of water to the toilet might be misplaced. Or, it might have lost its suction. In either case, the vacuum and plug that is necessary to keep your toilet from running ends up being unavailable.


Why is water running from underneath my toilet?

Oh no! This is a type of leak that can cause serious loss of water as well as serious damage to your floor and plumbing. This type of leak is generally caused by your toilet’s seal losing its suction/sealing power. In order to fix this, you will have to replace the seal around your toilet.


How much is California’s Water Waste fine?

The water waste fine can vary from city to city, but it’s not unusual for residents to get slapped with a $1000 fine. If you continue to be non-compliant, then the state can fine you an additional $10,000 plus a $500 daily fee. This makes it a serious problem for both landlords and residents. Thankfully, the caps on water use are fairly high.

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Ossiana Tepfenhart
Ossiana Tepfenhart

Ossiana Tepfenhart is an expert writer, focusing on interior design and general home tips. Writing is her life, and it's what she does best. Her interests include art and real estate investments.

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