It depends on the cause. If the blockage is due to misuse by the tenant (wet wipes, oil, food scraps or objects thrown down the drain), the tenant pays. If it is due to the condition of the installation (old pipes, breaks, roots, poor gradient or lack of maintenance), the landlord pays. And if it is in a downpipe or inspection chamber shared by the building, it is normally the responsibility of the homeowners' association.
It is one of the most common disputes between landlords and tenants, and almost always for the same reason: nobody knows for sure what caused the blockage. That's why, as well as knowing what the law says, it's worth knowing how the cause is identified.
In this guide we explain what the Urban Leases Act says, who pays in each case, what happens when the blockage belongs to the homeowners' association and what the tenant and the landlord should do.
This information is for guidance only and does not replace advice from a lawyer. Each contract and each case may have their own nuances.
It depends on the cause. If the blockage is due to misuse by the tenant (wet wipes, oil, food scraps or objects thrown down the drain), the tenant pays. If it is due to the condition of the installation (old pipes, breaks, roots, poor gradient or lack of maintenance), the landlord pays. And if it is in a downpipe or inspection chamber shared by the building, it is normally the responsibility of the homeowners' association.
It is one of the most common disputes between landlords and tenants, and almost always for the same reason: nobody knows for sure what caused the blockage. That's why, as well as knowing what the law says, it's worth knowing how the cause is identified.
In this guide we explain what the Urban Leases Act says, who pays in each case, what happens when the blockage belongs to the homeowners' association and what the tenant and the landlord should do.
This information is for guidance only and does not replace advice from a lawyer. Each contract and each case may have their own nuances.
What the Urban Leases Act says
For rentals of a main residence, the reference rule is article 21 of Law 29/1994 on Urban Leases. Its four key ideas, applied to a blockage, are these:
- The landlord must carry out the repairs needed to keep the home habitable, without being able to raise the rent for it. A drainage installation that doesn't drain falls within that obligation.
- The exception is damage caused by the tenant. If the deterioration is due to improper or negligent use, the tenant pays for the repair.
- The tenant must notify the landlord as soon as possible of any necessary repair and allow them to check the problem. If the repair is urgent to prevent imminent damage or serious inconvenience, the tenant can arrange it themselves, informing the landlord, and then claim the amount from them.
- Minor repairs due to wear from ordinary use are the tenant's responsibility. The law does not set an amount, and not all blockages fit here: a clog in the trap from daily use is not the same as a broken pipe.
In addition, in rentals of a main residence, contract clauses that worsen these conditions to the detriment of the tenant are not valid.
Who pays depending on the cause of the blockage
The key question is not where the blockage is, but why it happened. This table summarises what is usual when renting a main residence.
|
Cause of the blockage |
Who usually pays |
Why |
|---|---|---|
|
Wet wipes, sanitary pads, objects or too much paper in the toilet |
Tenant |
Improper use of the installation |
|
Oil, grease or food scraps in the kitchen sink |
Tenant |
Improper use of the installation |
|
Hair and soap in the shower or washbasin trap |
Tenant |
Minor repair due to ordinary use |
|
Old, deteriorated or scaled-up pipe |
Landlord |
Upkeep of the home |
|
Break, sunken section or displaced joint |
Landlord |
Upkeep of the home |
|
Roots inside the pipe |
Landlord |
Condition of the installation, not its use |
|
Incorrect gradient or poor installation |
Landlord |
Installation defect |
|
Full septic tank (in a detached house) |
Depends on the contract |
See frequently asked questions |
|
Blockage in a shared downpipe or inspection chamber |
Homeowners' association |
Common element of the building |
When it isn't clear what caused it, the dispute often ends up as a tug-of-war between tenant and landlord. That's why an inspection that shows the cause is so useful.
When the blockage belongs to the homeowners' association
In a building, not all the pipes belong to the flat. In general, the section that runs from the home's fixtures to the connection with the downpipe is private, while the downpipe, the main sewer pipe and the general inspection chambers are common elements.
- If the blockage is in the downpipe or the common network, the repair is, in principle, the responsibility of the homeowners' association, which must maintain the common elements under the Horizontal Property Act.
- If it is proven that a specific neighbour caused it, for example by throwing objects down the toilet, the association can claim the cost from them.
- The tenant does not deal directly with the association: they must notify the landlord, who is the member of it, or the property manager if this has been agreed.
A clue to whether the problem is a common one: if several flats get blocked at the same time, or water comes up through the drains on the lower floors, the blockage is usually in the downpipe. We explain this in blocked downpipe.
How to find out what caused the blockage
To decide who pays, you need to know the cause, and that can't always be seen from the drain. A technician can find out in two ways.
When unblocking
When unblocking with a vacuum tanker truck and high-pressure water, what comes out of the pipe usually gives away the cause: wet wipes, hardened grease, food scraps or roots. This is the drain unblocking and pipe cleaning service.
With a camera inspection
If the blockage comes back or it isn't clear why it happens, a camera pipe inspection shows the inside of the pipe and reveals whether there is a break, a sunken section, roots, scale or accumulated debris. With 360° pan-and-tilt cameras, every joint and every wall is checked.
That information is what makes it possible to tell a blockage caused by misuse from a problem with the installation. If there is a break, we explain how to recognise it in how to tell if a drainage pipe is broken, and how it is repaired in what pipe repair without excavation involves.
What to do if the drain in a rented flat is blocked
If you are the tenant
- Stop using the affected drain so that it doesn't overflow.
- Notify the landlord as soon as possible, preferably in writing (a text message or an email will do), explaining what is happening and since when.
- Only try the basics if it's a simple blockage: a plunger or cleaning the trap. Don't pour in chemicals or take anything else apart.
- If it's urgent and the landlord doesn't respond (wastewater overflowing, no usable bathroom), you can arrange the repair after informing them and then claim the amount from them, if it wasn't due to misuse.
- Keep the invoice and ask the technician to state the cause of the blockage.
If you are the landlord
- Respond quickly. An unresolved blockage can end up causing damp and greater damage, which you would also have to repair.
- Hire a service that identifies the cause, not just one that clears the blockage.
- If it happens again, request a camera inspection: if the pipe has a defect, the blockage will keep coming back, whoever pays.
- Put the split of costs in writing based on what the technician says.
If you need to know whether your blockage is an emergency, we explain it in Is your blockage urgent?.
What about home insurance?
Before arguing about who pays, it's worth checking the insurance policies. Some home insurance policies include unblocking or cover the water damage caused by a blockage, such as damp or flooding.
- The landlord's insurance usually covers the building: pipes, floors and walls. It may cover repairing a broken pipe or the damage it leaves.
- The tenant's insurance, if they have one, usually covers the contents and third-party liability for damage they cause to others, for example to the flat below.
Each policy is different, so the only sure thing is to read the conditions or ask the insurer.
Frequently asked questions about blockages in rental properties
Who pays for the unblocking if it isn't known what caused it?
The law doesn't give a rule for that case. If it cannot be proven that the blockage is due to misuse, the landlord usually bears the cost as part of their obligation to keep the home in good condition. That's why the technician should state the cause in writing.
Can the contract say that the tenant pays for all unblocking?
In rentals of a main residence, clauses that worsen what the Urban Leases Act establishes to the detriment of the tenant are not valid. A clause that makes the tenant pay for upkeep repairs that are the landlord's responsibility may be challenged.
Can the tenant call a drain unblocking company directly?
If it is an emergency, such as wastewater overflowing, they can arrange the repair after informing the landlord and then claim the amount from them if it wasn't due to misuse. If it isn't urgent, the right thing to do is to notify the landlord first.
Who pays for emptying the septic tank in a rented house?
The law doesn't mention it expressly, so the best thing is to agree on it in the contract. If it wasn't agreed and there is a disagreement, it's advisable to consult a legal professional.
Does this also apply to seasonal or holiday rentals?
Not exactly. Seasonal rentals are governed mainly by what the contract says, and tourist rentals have their own regional regulations. In those cases, the first step is to check the contract.
First the cause, then who pays
In a rented flat, a blockage caused by misuse is paid for by the tenant, one due to the condition of the installation by the landlord, and one in the shared downpipe or inspection chambers by the homeowners' association. The key to avoiding arguments is knowing what caused it.
At Limpiezas Domingo e Hijos we unblock drains with a vacuum tanker truck and high-pressure water and, if necessary, inspect the pipe with a camera to see the cause. We work for landlords, tenants, homeowners' associations and property managers in La Marina and La Safor, with more than 15 years of experience. If you manage several properties or a homeowners' association, our pipe maintenance contracts help prevent blockages before they appear.
Call us on 672 450 224 or 966 447 070, or request a quote.