{"id":6436,"date":"2026-11-06T12:53:43","date_gmt":"2026-11-06T11:53:43","guid":{"rendered":"https:\/\/www.limpiezasdomingo.com\/blog\/blocked-drain-in-a-rental-property-does-the-landlord-or-the-tenant-pay\/"},"modified":"2026-11-06T13:32:30","modified_gmt":"2026-11-06T12:32:30","slug":"blocked-drain-rental-property-who-pays","status":"publish","type":"post","link":"https:\/\/www.limpiezasdomingo.com\/en\/blog\/blocked-drain-rental-property-who-pays\/","title":{"rendered":"Blocked drain in a rental property: does the landlord or the tenant pay?"},"content":{"rendered":"\r\n\r\n
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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.<\/strong><\/p>\n

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.<\/p>\n

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.<\/p>\n

This information is for guidance only and does not replace advice from a lawyer. Each contract and each case may have their own nuances.<\/em><\/p>\n<\/div><\/div>\r\n\r\n

Contact us<\/a><\/div>\r\n\r\n

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.<\/strong><\/p>\n

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.<\/p>\n

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.<\/p>\n

This information is for guidance only and does not replace advice from a lawyer. Each contract and each case may have their own nuances.<\/em><\/p>\n

What the Urban Leases Act says<\/h2>\n

For rentals of a main residence, the reference rule is article 21 of Law 29\/1994 on Urban Leases<\/a>. Its four key ideas, applied to a blockage, are these:<\/p>\n

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  1. The landlord must carry out the repairs needed to keep the home habitable<\/strong>, without being able to raise the rent for it. A drainage installation that doesn't drain falls within that obligation.<\/li>\n
  2. The exception is damage caused by the tenant.<\/strong> If the deterioration is due to improper or negligent use, the tenant pays for the repair.<\/li>\n
  3. The tenant must notify the landlord as soon as possible<\/strong> 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.<\/li>\n
  4. Minor repairs due to wear from ordinary use are the tenant's responsibility.<\/strong> 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.<\/li>\n<\/ol>\n

    In addition, in rentals of a main residence, contract clauses that worsen these conditions to the detriment of the tenant are not valid.<\/p>\n

    Who pays depending on the cause of the blockage<\/h2>\n

    The key question is not where the blockage is, but why it happened. This table summarises what is usual when renting a main residence.<\/p>\n\n\n\n\n<\/colgroup>\n\n\n\n\n\n\n\n\n\n\n\n
    \n

    Cause of the blockage<\/p>\n<\/th>\n

    		\n

    Who usually pays<\/p>\n<\/th>\n

    		\n

    Why<\/p>\n<\/th>\n<\/tr>\n

    \n

    Wet wipes, sanitary pads, objects or too much paper in the toilet<\/p>\n<\/td>\n

    		\n

    Tenant<\/p>\n<\/td>\n

    		\n

    Improper use of the installation<\/p>\n<\/td>\n<\/tr>\n

    \n

    Oil, grease or food scraps in the kitchen sink<\/p>\n<\/td>\n

    		\n

    Tenant<\/p>\n<\/td>\n

    		\n

    Improper use of the installation<\/p>\n<\/td>\n<\/tr>\n

    \n

    Hair and soap in the shower or washbasin trap<\/p>\n<\/td>\n

    		\n

    Tenant<\/p>\n<\/td>\n

    		\n

    Minor repair due to ordinary use<\/p>\n<\/td>\n<\/tr>\n

    \n

    Old, deteriorated or scaled-up pipe<\/p>\n<\/td>\n

    		\n

    Landlord<\/p>\n<\/td>\n

    		\n

    Upkeep of the home<\/p>\n<\/td>\n<\/tr>\n

    \n

    Break, sunken section or displaced joint<\/p>\n<\/td>\n

    		\n

    Landlord<\/p>\n<\/td>\n

    		\n

    Upkeep of the home<\/p>\n<\/td>\n<\/tr>\n

    \n

    Roots inside the pipe<\/p>\n<\/td>\n

    		\n

    Landlord<\/p>\n<\/td>\n

    		\n

    Condition of the installation, not its use<\/p>\n<\/td>\n<\/tr>\n

    \n

    Incorrect gradient or poor installation<\/p>\n<\/td>\n

    		\n

    Landlord<\/p>\n<\/td>\n

    		\n

    Installation defect<\/p>\n<\/td>\n<\/tr>\n

    \n

    Full septic tank (in a detached house)<\/p>\n<\/td>\n

    		\n

    Depends on the contract<\/p>\n<\/td>\n

    		\n

    See frequently asked questions<\/p>\n<\/td>\n<\/tr>\n

    \n

    Blockage in a shared downpipe or inspection chamber<\/p>\n<\/td>\n

    		\n

    Homeowners' association<\/p>\n<\/td>\n

    		\n

    Common element of the building<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

    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.<\/p>\n

    When the blockage belongs to the homeowners' association<\/h2>\n

    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.<\/p>\n