It’s hard to argue that having working a shower isn’t a critical part of maintaining good personal hygiene, which in turn promotes good overall health.
So if your shower is not working properly, you have a legitimate problem that needs to be fixed. The question then becomes who is responsible for fixing it.
In this article, I am going to answer that question. I will cover the legal landscape around the issue and will also discuss some tips you can use to resolve this situation if your landlord is not being responsive to your repair request.
If you don’t have the time to read through it all, here’s a short answer to the question:
As a general matter, a landlord must repair a shower if the malfunction affects habitability, such as a lack of hot water or any water. In that case, the landlord typically must repair the condition in short order. For less serious issues that don’t impact livability, like a weak flow, a landlord may not be required to fix that.
The information contained in this post is for informational purposes only. It is not legal advice. You should seek the advice of a qualified legal professional before making any decisions relating to the topics covered by this article.
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Ok, let’s get into it.
The information contained in this post is for informational purposes only. It is not legal advice. You should seek the advice of a qualified legal professional before making any decisions relating to the topics covered by this article.
We may earn commissions from products and services that are purchased or recommended through our website as part of our affiliate partnerships. As an Amazon affiliate, we may earn from qualifying purchases.
Does My Landlord Have to Fix My Shower?
To answer this question, you need to look at your lease and applicable laws.
First, you should read your lease to see what it says about repairs. In most cases, there will be something relevant.
In my lease, it states that the landlord shall maintain the premises in good repair and tenantable condition and shall be responsible for repairs not due to the fault or negligence of the tenant.
On the flip side, the tenant is responsible for operating all equipment and systems in a reasonable manner and for clearing all drains. They are also responsible for maintaining caulking around tubs and showers and preventing the accumulation of moisture and the growth of mold.
So under the terms of this lease, you can tell pretty clearly what the tenant is responsible for and what the landlord is supposed to cover.
So check your lease and figure out what it says. It is the document that governs your rental arrangement, so it should be the first place you look.
That being said, not all leases are perfect and some may be silent on the issue or may actually be in conflict with what the law requires. In that case, you will need to review your applicable laws to find out what your rights are in this situation.
Let’s turn to that.
The Implied Warranty of Habitability
The first legal principle to understand is the implied warranty of habitability.
I know this sounds complicated, but in simple terms, it’s a promise that the rental property will be livable and safe, even if the lease agreement does not state so.
A key facet of habitability is meeting housing codes. Source.
In most cases, working toilets and bathrooms as well as functioning plumbing are covered by the housing code. So, depending on what your issue is, a broken shower could rise to the level of impacting habitability.
Note: There is an exception to this rule. A landlord may not be obligated to fix a shower if the issue was due to a tenant’s improper actions.
Ok, so we know what the implied warranty of habitability is, but states are all over the place in terms of how they interpret it (and whether they adopt it at all). So it’s important to understand how your state and local laws view this issue. On that note…
State and Local Laws on Repairing Showers
There are a number of ways that a shower could malfunction and, depending on the nature of that malfunction, the rules around fixing it could change.
For example, in many states, hot water is considered essential to habitability. Obviously, if no water is flowing, that’s an even bigger issue. If your shower is not providing water, your landlord is likely going to be required to fix that condition (and relatively promptly).
If the condition is that there is a clog in the shower drain, that may be the responsibility of the landlord or tenant, depending on the lease terms and whether applicable laws cover this.
If it’s due to tenant misconduct, then the tenant will usually be held responsible, but if the issue arises from a faulty plumbing system, the landlord will probably be on the hook for remediating that condition.
If there are minor conditions, like a weak water flow or small leak, that is likely not affecting habitability or violating housing codes, so the landlord may not be required to fix them (especially if the lease agreement says otherwise). Again, state and local laws may differ on this point.
Mold in the shower is something that can impact habitability, so this is something that needs to be remediated, especially if it’s widespread. However, the person responsible for remediating the mold may be up for debate depending on state and local laws (again), who caused the condition, and whether it is serious enough to affect the health and safety of the residents.
For your convenience, here’s our 50 state reference table (including D.C.) that will link you to the official landlord tenant laws of your state.
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How Long Does a Landlord Have to Fix the Plumbing Issue?
State laws usually allow landlords a “reasonable amount of time” to address and repair tenants’ plumbing issues. In most cases, 30 days is considered a reasonable period. However, the exact time frame may vary from one location to another.
The allowed window of time also depends on the urgency of the repair. Several states classify broken showers as critical problems that require fixing within 3–7 days. That’s because most tenants need to use this fixture daily.
How Do I Request My Landlord to Fix My Shower?
Before you contact your landlord about a broken shower or any other plumbing problem, it’s best to review the following relevant documents first:
- Your state and local landlord-tenant laws
- Local building and health codes
- Oral and written promises from your landlord
- Terms of your lease agreement
As mentioned, some rental agreements indicate that tenants are responsible for minor plumbing repairs. Generally, minor repairs involve clearing stoppages and repairing or replacing valves or faucets. This doesn’t include making modifications to the water treatment and plumbing system.
Once you’re sure of your landlord’s obligation to repair your plumbing issue under the law and lease agreement, take note of the following steps:
1. Thoroughly document the issue that needs repair. Take photos, videos or other evidence of the issue.
2. Give notice to your landlord by sending a letter with supporting documentation. Specify the issue and the needed repairs.
3. Indicate the date, your unit number, and a reasonable repair timeline. Don’t forget to keep a copy of all documents and pictures for yourself.
4. Mail the notice to your landlord as certified mail and request a return receipt (or other acceptable form of notice under your lease and applicable laws). Wait for a response during the allotted period, and seek legal or government assistance if necessary.
What If My Landlord is Unresponsive?
Assuming you have given proper notice and your claim for repair is valid, you have a number of options if your landlord is not responsive.
You can use a variety free resources, such as tenants rights organizations to help you. You can also contact your local housing authority to see if they will open an investigation into the matter.
Finally, depending on your jurisdiction’s rules, you may have certain self-help remedies like repair and deduct, withholding rent until the repair is made, or even abandoning the property.
But again, these remedies are not available in all locations, so you must be very careful before exercising them or you could be evicted for breaking the lease or not paying rent.
Wrapping Up
So there you have it – a comprehensive look at whether your landlord must fix your shower and some tips on how to properly notify your landlord of the issue. Hope this has been helpful and happy renting!
