There is no sound more terrifying for a renter than the gurgle-gurgle-rise of a toilet that refuses to flush. Panic sets in, followed immediately by the second most terrifying thought:

"Am I going to have to pay for this?"

Plumbing disputes are the #1 cause of friction between landlords and tenants. The law is often vague, using terms like "reasonable wear and tear" versus "negligence." If you are renting a home (or renting one out), you need to know exactly where the line is drawn in 2026.

Here is the definitive guide to who pays for the clog.

The General Rule: Habitability vs. Negligence

In almost every state, the law boils down to two concepts:

The Landlord's Duty (Implied Warranty of Habitability): Landlords must provide a home that is safe and sanitary. This means the plumbing must work. If a pipe bursts from old age or a sewer main collapses, that is 100% on the landlord.
The Tenant's Duty (Proper Use): Tenants must use fixtures "properly." If you break it, you buy it. If a clog is caused by something you flushed, poured, or dropped, the bill is yours.

When the Landlord Pays

The landlord is responsible for the infrastructure of the home. If the problem is caused by age, nature, or mechanical failure, the tenant is off the hook.

Tree Roots: If roots grow into the sewer line and block it, that is a structural issue. Landlord pays.
Collapsed/Rusted Pipes: Old cast iron or Orangeburg pipes that disintegrate are the owner's responsibility.
Main Line Backups: If the blockage is deep in the city sewer connection (and not caused by your wipes), it’s the landlord’s job.
Wear and Tear: A faucet cartridge that wears out after 10 years or a toilet flapper that degrades is normal maintenance.

When the Tenant Pays

This is where it gets expensive for renters. If a plumber pulls out an object that doesn't belong in a pipe, the "Warranty of Habitability" usually goes out the window.

The "Flushable" Wipe: We have said it before: There is no such thing as a flushable wipe. If a camera inspection finds wipes, you are paying the bill.
Foreign Objects: Toys, feminine hygiene products, cotton swabs, and cat litter. If the plumber retrieves it, you pay for it.
Kitchen Grease: Pouring cooking oil down the sink is considered negligence. It hardens into a rock-solid clog that can cost $300+ to jet out.
Hair Clogs (Gray Area): In many leases, keeping the P-trap (the curved pipe under the sink) clear of hair is considered minor tenant maintenance, similar to changing a lightbulb.

Common Scenarios: The "Who Pays?" Game

Scenario 1: The Move-In Surprise

Situation: You move in on Monday. On Tuesday, the shower won't drain. Verdict: Landlord Pays. It is impossible for a new tenant to clog a drain that fast with normal use. The clog was pre-existing.

Scenario 2: The "Soft" Clog

Situation: You’ve lived there for two years. The bathroom sink is draining slowly due to hair and soap scum. Verdict: Usually Tenant Pays. Most leases require tenants to handle minor maintenance. A $5 bottle of drain cleaner or a plastic "zip-it" tool is expected of you.

Scenario 3: The Mystery Backup

Situation: Sewage is coming up into your bathtub, but you haven't flushed anything bad. Verdict: Landlord Pays Upfront. The landlord must restore flow immediately. HOWEVER, if they send a camera down and find a flushed GI Joe action figure, they can retroactively charge you for the repair.

How to Protect Yourself (Landlords & Tenants)

For Tenants:

Document Move-In: Run every faucet and flush every toilet before you unpack. Send an email immediately if something is slow.
Get it in Writing: If a plumber comes, ask them what caused the clog. If they say "roots," get that on the invoice so your landlord can't blame you later.
Buy a Plunger: Don't call the landlord for a simple toilet clog you can fix in 30 seconds.

For Landlords:

Camera Inspections: Before a tenant moves in, get a video recording of clear lines. This is your insurance policy against "it was like that when I got here."
Clear Lease Language: Explicitly ban "flushable" wipes and grease in the lease agreement.
Install Hair Catchers: A $2 plastic mesh over the shower drain can save you $200 in plumbing calls.

Conclusion

If the pipe is broken, it’s the landlord. If the pipe is misused, it’s the tenant. The best way to avoid the argument? Treat the plumbing like you own it.

Is your landlord refusing to fix a major backup? Contact our team for an inspection report that proves the root cause.

[1]: What Is The Landlord's Responsibility Regarding Plumbing And Electricity Issues? | Law4u

[2]: Is the Landlord or Tenant responsible for a blocked or clogged drain - Reline Solutions

[3]: Plumbing Issues in a Rental: Who Pays? - Bio Bidet