For a commercial space, start with the lease’s repair, maintenance and notice clauses and a plumber’s finding of the cause. Arizona’s residential landlord-tenant provisions concern dwelling units, but a commercial lease does not displace applicable law or code duties. Disputed payment or liability needs legal advice.
Why the residential statute does not decide it
Arizona's landlord-tenant act is written around dwelling units. Its definitions describe a dwelling unit as a home or residence, and the landlord's duty to keep plumbing in good and safe working order in A.R.S. 33-1324 attaches to that. A commercial suite is not a dwelling unit, so those remedies do not apply to it. The commercial lease’s repair, maintenance and default clauses help allocate responsibility, subject to applicable law and non-waivable duties. This is general information, not legal advice, so have your attorney read the actual clause if real money is on the line.
Where the cause sits
The plumber's finding matters more than the smell itself.
| Where the cause is | Party to check under the lease | Why the clause matters |
|---|---|---|
| Dry trap or floor drain inside the suite | Tenant | Ordinary interior upkeep, especially on a NNN lease |
| Tenant-installed fixture or drain | Tenant | The tenant added it |
| Shared drain stack or vent | Landlord | Building system serving several tenants |
| Building sewer or main line | Landlord | Common structural system |
| Failed work by a contractor from a remodel | The party who hired them | See the lease's alteration clause |
This table is a checklist for reading an agreement, not a rule assigning liability in every lease. Read your lease for words like "interior plumbing," "common facilities," "building systems" and "tenant's alterations." For the broader picture, see commercial plumbing: tenant or landlord?.
What to do in the meantime
- 1Notify in writing, following the lease's notice clause.
- 2Get a plumber's written finding of the source and location.
- 3Keep a log with dates and what was done. See how to document a sewer odor complaint.
- 4Do not do repairs outside your premises without the landlord's consent.
Why the trap seal matters here
The 2024 IPC, Section 1002.4, requires a water seal of 2 to 4 inches in each fixture trap, so a dry trap is a maintenance issue that a tenant can usually fix with water in minutes. Keeping that log helps both sides show it was routine. HQ can trace the source with a licensed plumber, 24/7, with free estimates and upfront pricing.