Dealing With Plumbing Issues in Your Rental

Under habitability laws in states such as California, Texas, and Washington, your landlord must keep the plumbing working, which means fixing leaks, running or broken toilets, sewer backups, and a water heater that stops producing hot water, and the deadlines are shortest when you lose water entirely: Washington gives a landlord 24 hours after your written notice to start fixing a loss of hot or cold water. You pay for clogs and damage that you, your family, or your guests cause, such as wipes or toys flushed down a toilet, and Texas lets a lease spell that out for drain lines that serve only your unit. Frozen or burst pipes are the landlord's repair unless your own neglect caused them, such as shutting off the heat in winter.

Who fixes which plumbing problems?

Habitability laws, the rules that require a rental to be fit to live in, put working plumbing on the landlord. California requires plumbing in good working order and hot and cold running water connected to a sewage system. Washington requires the landlord to keep plumbing in reasonably good working order and to provide facilities adequate to supply water and hot water. If your rent is current when you give notice, Texas requires a diligent effort to repair any condition that materially affects the physical health or safety of an ordinary tenant, and a water heater that delivers at least 120 degrees Fahrenheit. New York City requires owners to keep the plumbing and drainage system, including toilets and sinks, in good repair, to supply water at enough pressure for every fixture, and to provide hot water at a constant minimum of 120 degrees.

If the leak comes from a dishwasher or washing machine the landlord supplied, see appliance repairs in rental units.

Clogs and damage you cause

California, Texas, and Washington all exclude damage the tenant causes. California's tenant guide says you must use plumbing fixtures properly and gives flushing large foreign objects down the toilet as an example of improper use; if your misuse substantially caused the problem, the landlord does not have to repair it. In Washington, the landlord has no duty to repair a defect caused by you, your family, or your guests, and you lose your repair remedies for that defect. Texas likewise excuses the landlord from repairing a condition caused by you, another lawful occupant, a family member, or a guest, unless it resulted from normal wear and tear.

Texas allows a specific lease clause, underlined or in bold print, that makes you pay for damage from wastewater stoppages caused by foreign or improper objects in lines that serve only your unit, unless the landlord was negligent. Even with that clause, the landlord must still pay to fix stoppages and backups caused by deterioration, breakage, tree roots, ground conditions, faulty construction, or malfunctioning equipment. If you get a bill for a clog, ask what the plumber removed from the line and whether that line serves other units.

Your lease may also give you small tasks, such as plunging a slow toilet; see maintenance tasks that are your responsibility.

Which plumbing problems are emergencies?

State repair deadlines show which failures count as urgent. Washington requires the landlord to start fixing a problem after your written notice within:

• 24 hours when you have no hot or cold water, or the condition is imminently hazardous to life.
• 72 hours when you lose the use of a major plumbing fixture the landlord supplied, such as a toilet.
• 10 days for other problems, such as a slow drip.

These deadlines do not apply when the delay is beyond the landlord's control, though the landlord must still fix the problem as soon as possible. Texas treats three plumbing failures as serious enough that, if your rent is current and you have given the required notices, you can have an independent plumber (licensed, if your city requires it) fix the problem and deduct the cost from rent without first getting a government inspection: raw sewage backing up inside your unit, flooding from broken pipes, and a total loss of water the landlord agreed to supply. At least one required notice must state that you intend to repair the problem and describe the planned repair. Once those notice requirements are met, sewage or flooding repairs can begin immediately after that notice of intent. For total water loss, the landlord must first fail to restore service within three days after you deliver that notice. The deduction is capped at one month's rent or $500, whichever is greater. Texas landlords must also give you a phone number for reporting emergencies, answered 24 hours a day if the property has an on-site management office.

When water is pouring out or sewage is backing up:

1. Stop the water only if you can reach the valve without entering water. Close the valve behind the toilet or under the sink, or the unit's main shutoff if you know where it is.
2. Call the landlord's emergency number, then send written notice the same day so the deadline starts. See how to report maintenance issues.
3. Photograph the damage from a safe, dry location. Stay out of flooded areas because of electrical and contamination hazards, and do not handle sewage-contaminated belongings.

For next steps, see our guides to emergency repairs and water damage in your rental.

Frozen pipes: what your lease can require and who pays

Check your lease for winter rules, such as keeping the heat on or the windows closed. Texas lets a properly formatted clause make you pay for damage from windows or doors left open, unless the landlord was negligent. Who pays for a freeze depends on the cause:

• Building cause: if the heat failed, or the pipes run through an unheated or uninsulated space, the repair is the landlord's under its duty to maintain the plumbing.
• Your neglect: if the pipes froze because you turned off the heat or left windows open, Texas and Washington excuse the landlord from repairing conditions the tenant caused, and the landlord can charge you for the damage, including from your security deposit.

The Red Cross recommends these steps in freezing weather:

1. Keep the thermostat at the same temperature day and night.
2. If you travel, leave the heat on and set no lower than 55 degrees Fahrenheit.
3. Open kitchen and bathroom cabinet doors so warm air reaches the pipes.
4. Let cold water drip from faucets served by exposed pipes, such as pipes on outside walls or in unheated areas.
5. Keep the garage door closed if water lines run through the garage.

If you turn on a faucet and only a trickle comes out, suspect a frozen pipe and tell the landlord right away. The Red Cross says to keep the faucet open and warm the pipe with a hair dryer, an electric heating pad, or a space heater kept away from anything flammable, and never to use a blowtorch or other open flame. If the heat itself is out, report it as an emergency; see HVAC maintenance for renters.

Noisy or banging pipes: when to report

Report noise when it comes with a leak, a change in water pressure, or a fixture that keeps running. Common noises and what they can mean:

• A bang when a faucet or appliance shuts off. That timing points to water hammer, which New York City's plumbing code defines as the pressure surge that occurs when water flow is suddenly stopped. The code requires a water-hammer arrestor, a device that absorbs that surge, wherever quick-closing valves are used, and a pressure-reducing valve when water pressure in the building exceeds 85 pounds per square inch. Repeated banging can mean that protection is missing or the pressure is too high, which is the landlord's repair.
• A toilet that refills or hisses between flushes. EPA says a worn flapper, the rubber seal in the tank, can make a toilet flush on its own or silently leak thousands of gallons a year. To check, put a few drops of food coloring in the tank; if color shows up in the bowl within 10 minutes, the toilet leaks. Flush right away so the dye does not stain.
• A steady drip. A faucet dripping once per second wastes more than 3,000 gallons a year, according to EPA, which matters if your lease makes you pay for water. EPA says fixing easily corrected household leaks can save about 10 percent on water bills.

If the knocking comes from radiators or heating pipes rather than water lines, report it as a heating problem.