Plumbing issues are typically not something that can go ignored. Such problems can lead to water damage, unusable fixtures and high water bills. As a tenant, your first thought might be to call your landlord to the rescue. But are landlords always responsible for plumbing fixes? The short answer is no – not always. It depends a lot on the nuances of the situation, which we’re about to dive into in this post.

What does US law say about landlord responsibilities?

Landlord-tenant laws vary by state in the US, but there are a few principles that apply to most of the country. Aside from Arkansas, every state in the US recognizes the ‘implied warranty of habitability’. This is a law that requires landlords to maintain rental properties in safe, livable condition – which includes maintaining functional plumbing systems.

While state legislation wording varies, many states class ‘wear and tear’ as being the landlord’s responsibility. If a pipe rusts up and bursts after years of use (which includes use by previous tenants and even previous owners), then it is generally the landlord’s duty to foot the bill. However, not every plumbing fault can be classed as wear and tear. Certain damage to plumbing can be the result of tenant negligence and many states like New York and California have clauses that hold tenants accountable for such damage. 

It’s worth noting that while most states follow a similar code, there can be certain extra clauses that need to be considered. Texas, for example, requires landlords to repair damage that materially affects health and safety, but tenants must notify their landlord in writing. Florida statute meanwhile emphasizes prompt repairs for any plumbing issues that could lead to unsanitary conditions. 

What are some common plumbing situations where the landlord is responsible?

To better understand when it is a landlord’s responsibility, here are a few examples of situations where the landlord has to pay:

• A clog has occurred in an old pipe, caused by either an invading tree root or the pipe getting furred up with rust on the inside after years of use. 
• A faucet has started dripping as a result of worn out washers caused by long-term usage.
• A water heater has failed due to its age or a manufacturer defect (hot water is considered essential for habitability and may require arranging emergency repairs to fix). 
• Cold temperatures have caused an exterior pipe to freeze up and burst.
• An interior pipe has burst due to wear and tear and the tenant has notified the landlord straight away.

What are some common plumbing situations where the tenant is responsible?

Now let’s take a look at some similar situations where it may actually be the tenant’s responsibility to cough up money for repairs:

• A tenant has clogged the toilet by trying to flush excessive toilet paper down it or as a result of trying to flush non-flushable items like wipes. 
• A faucet has become leaky as a result of a tenant forcibly tightening a handle and causing it to crack.
• A water heater has failed as a result of a tenant tampering with it.
• An outdoor pipe has frozen up and burst – but it occurred while the tenant was on vacation, and a clause in the contract required them to turn off the water at the mains and drain faucets before leaving the property empty for over 7 days. 
• An interior pipe has started leaking due to wear and tear, but the tenant ignored it, and now it has caused massive knock-on damage that could have been prevented (state laws typically require such emergencies to be reported within a certain timeframe, and any preventable damage could now be the tenant’s duty to pay for).

How can landlords protect themselves?

There are many situations that can be a legal grey area. This is why it’s important for both landlords and tenants to protect themselves.

Landlords can protect themselves by firstly making sure that their residential lease agreement is legally tight. This could include explicitly stating when certain damage is the responsibility of the tenant to repair. Including a timeframe and instructions for reporting damage to the landlord is also important, as some states have vague laws surrounding this.

In case, tenants try to disguise negligence-caused plumbing damage as wear and tear, it could be worth inspecting damage in person where possible. Regular property inspections can also help you to identify problems that tenants may be ignoring such as leaking taps. You can also take photographs of a property before tenants move in.

Having a lawyer on call can be useful just in case you do get into a dispute with a tenant over damages. They will be able to advise you on the best approach going forwards and may be able to prevent a disagreement from escalating.

How can tenants protect themselves?

Tenants can benefit from taking precautions too when moving into a property. Some shady landlords may try to blame tenants for damage that was already there when the tenant moved in – such as claiming corrosion on a tap was caused by cleaning products that a tenant used. This is why it is advised that you always take photos of a property when initially moving in. This includes photos of all the plumbing fixtures like sinks, toilets and showers to prove that there were already scratches or corrosion. 

Renter’s insurance is also a protective measure that you can consider. This can provide personal liability for any accidental damage you cause – so if you do accidentally block a toilet and the plumbers have to be called out, you can claim compensation to pay for this. 

Finally, read your lease agreement thoroughly so that you know exactly what you are accountable for. If there is a certain term or condition that you are not happy about, bring this up with your landlord. If you have to report problems within a certain timeframe, make sure that you know what this timeframe is. Also, check terms and conditions regarding what to do when leaving the property vacant in case an issue occurs while you are not there.