Who pays for a clogged drain in an Arizona rental?

The main landlord duties are in A.R.S. 33-1324. Under that statute the landlord shall "make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition." The same section says the landlord shall "maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances" that the landlord supplies or is required to supply.

A drain that will not carry water away is a plumbing and sanitary facility that is not in working order. That is why a clogged toilet, a backed-up kitchen sink or a tub that will not drain usually lands on the landlord's list. A clog that causes sewage to back up into the home, or leaves the only toilet unusable, is the kind of problem that affects health and safety.

The statute also says the landlord shall "supply running water and reasonable amounts of hot water at all times." A total stoppage that shuts a household off from a working toilet or sink is more urgent than a slow bathroom drain, and it strengthens the tenant's case for a fast repair.

Can a lease move the repair to the tenant? In part. A.R.S. 33-1324 says the landlord and tenant of a single family residence may agree in writing, for adequate consideration, that the tenant will do certain repairs and maintenance tasks. The agreement has to be made in good faith and "not for the purpose of evading the obligations of the landlord." It also cannot cover work needed to cure a failure to keep the home fit and habitable. For a rental that is not a single family home, the statute sets stricter rules, including a separate signed writing. So a lease line that says the tenant handles all drain clogs does not settle the question for a plumbing failure that makes the home unfit.

Tenant duties are in A.R.S. 33-1341. Several bear directly on drains. The tenant shall:

• "Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits."
• "Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances."
• Not "deliberately or negligently destroy, deface, damage, impair or remove any part of the premises."
• "Promptly notify the landlord in writing of any situation or occurrence that requires the landlord to provide maintenance or make repairs."

The last item matters most. If a drain is slow or a toilet is backing up, tell the landlord in writing right away. Waiting can make the problem worse, and a written record protects you if the repair drags on.

Reasonable use also covers what goes down the drain. Flushing the wrong things is a common cause of toilet and drain clogs. EPA encourages people to flush only toilet paper, and says that flushing disinfecting wipes or other non-flushable items "can damage internal plumbing, local sewer systems and septic systems." If a plumber finds wipes, a toy or another object in the line, that points toward use the tenant controlled. If the plumber finds tree roots, a collapsed pipe or a buildup deep in an old line, that points away from the tenant.

Yes, and the statutes show why. Look at how they treat a condition the tenant caused.

• A.R.S. 33-1361 lets a tenant give notice to end the lease if the landlord fails a duty under 33-1324 and does not fix it. But the tenant "may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent."
• A.R.S. 33-1363 lets a tenant hire a licensed contractor and deduct the cost after notice. It says a tenant "may not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant."

These sections are about the tenant's remedies against the landlord. They do not say in so many words who pays a plumber for a clog. What they show is that the law treats a tenant-caused condition differently. In practice, then:

• Ordinary use, aging pipes, roots, or a shared line problem: the landlord's repair.
• A clog the tenant caused through deliberate or negligent misuse, such as flushing items that do not belong in a toilet: the tenant cannot use the landlord-failure remedies for that condition, and who pays the plumber becomes a question for the lease and the landlord. These statutes do not settle it.
• A clog with an unclear cause: get the plumber to write down what was found and where.

Location helps sort out the cause. A clog at a single fixture usually sits in that fixture's own drain. If several drains back up at once, the problem is more likely in a shared or main line. Our guides on how to tell a main line clog from a branch clog and on why a sewer line problem makes multiple drains back up explain the signs. A main line problem is rarely something one tenant caused.

Start with written notice. The tenant duty in A.R.S. 33-1341 is to notify the landlord in writing, and the remedies in the statute run from that notice.

If the landlord fails to comply with 33-1324 in a way that materially affects health and safety, A.R.S. 33-1361 lets the tenant give written notice that the rental agreement will end in not less than five days if the problem is not fixed in five days. For other material failures the notice period is ten days. If the landlord fixes the problem before the date in the notice, the lease does not end. A tenant may also seek damages and court orders for the landlord's failure under 33-1361(B).

For a small repair there is a self-help option. Under A.R.S. 33-1363, if the reasonable cost of the repair is less than three hundred dollars, or one-half of the monthly rent if that is greater, the tenant may notify the landlord in writing of the plan to correct the condition at the landlord's expense. If the landlord does not act within ten days, or as promptly as conditions require in an emergency, the tenant may have a licensed contractor do the work. The tenant must then give the landlord an itemized statement and a waiver of lien, and may deduct the actual and reasonable cost from the rent, up to the limit in the statute. This route does not apply if the tenant caused the condition, and it applies only to a failure to keep the home fit and habitable.

The statutes have more steps and limits than we can list here, so check the current text or ask a legal aid office before you withhold rent or terminate a lease. Do not stop paying rent on your own without advice. A wrong step can put the tenant in breach.

Act fast and put everything in writing. Here is the order that protects you.

1. 1Stop using the fixture if the clog is at a toilet or if water is backing up. Do not keep flushing.
2. 2Write to the landlord or manager. Say what is wrong, where, and when it began. Send it in a way that leaves a record, and keep a copy.
3. 3Take photos of standing water, overflow or damage.
4. 4Do not force it. Our page on when to stop DIY and call a plumber for a clogged drain explains the limits.
5. 5Ask who the landlord uses. Many landlords send their own plumber. If you hire one yourself without asking, you may not get the cost back.

Landlords and property managers who want the drain fixed the right way can call HQ Plumbing and Air. We are licensed and insured, we give free estimates, and we tell you what we find in the line so everyone can see what caused the clog.