# Is the Landlord Responsible for a Clogged Drain? (Rental Repairs) | Who Pays the Repair?

> Aging-pipe clogs are the landlord's cost; clogs from tenant misuse are the tenant's, per HUD's wear-and-tear guidance.

**Who pays:** depends

Landlord, if it's aging pipes failing on their own, tenant, if the clog or toilet damage came from improper use. HUD's own wear-and-tear guidance draws this exact line.

**Boundary:** A drain clogging because aging pipes are failing on their own is the landlord's normal wear-and-tear cost; a clog or toilet damage caused by improper use is charged to the tenant, HUD's own wear-and-tear guidance draws this exact line.

**Exceptions:** Clog caused by tenant's improper use (flushing wrong items, grease, etc.); Aging-pipe failure stays with the landlord

## Sources
- [HUD Handbook 4350.3 Rev-1, Appendix 5C (Tenant Damage versus "Normal Wear and Tear")](https://www.hud.gov/sites/documents/hsg-06-01gapp5guid.pdf) — "Partially clogged sinks caused by aging pipes [Normal Wear and Tear] ...Clogged or damaged toilet from improper use [Tenant Damage]." (accessed 2026-09-27)
- [California Civil Code § 1941.1](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1941.1.) — "Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order." (accessed 2026-09-27)

_Last verified 2026-09-27. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/landlord-responsible-clogged-drain/ — every claim checked against a primary source before publication (see /methodology/)._