Question from a reader:
I am having trouble with water overflowing from the kitchen drain. It has been about a year since I moved in, and I felt that the water flow was poor. Recently, it has started to overflow. The manager told me that the lease agreement states, “The tenant is responsible for plumbing clogs.” When I researched online, I
found that the manager is obligated to inspect the building’s drainage pipes once every six months to a year, but it seems likely that they have neglected this duty. If the clogging is not due to my actions but rather due to the aging of the drainage pipes, can I claim this from the landlord? There is also a possibility that the manager might lie about having conducted inspections, but if I have a professional look at it, will they be able to determine whether an inspection was done? A contractor is scheduled to come later, but the cause is still unknown. When I cleaned the drain trap, I found a terrible buildup of grease that seemed to have been left for years.

Kitchen Drain Overflow Problem and Legal Perspective

Hello everyone. Today, I want to talk about the issue of water overflowing from the kitchen drain. In particular, let’s consider the special clauses in the lease agreement and the obligations of the manager. Through my part-time job at a judicial scrivener’s office, I have had more opportunities to learn about the laws related to such properties, so I hope this can be of some help.

Background of Drain Issues

First, let’s clarify the problem faced by the person asking the question. They have been living there for a year and felt that the water flow was poor, but recently it has started to overflow. Additionally, they were told by the manager that “the tenant is responsible for plumbing clogs.” This is a somewhat troublesome situation. If the lease agreement indeed contains such a special clause, then generally, the tenant is expected to bear the costs. However, what is important is to determine “who caused the clog intentionally” and “whether aging deterioration is a factor.” In reality, drainage pipes tend to deteriorate and become more prone to clogs over time.

Manager’s Obligations and Tenant’s Rights

Now, as you mentioned, I found that the manager is obligated to inspect the building’s drainage pipes once every six months to a year. This is generally understood, and if the manager has not conducted proper inspections, the tenant may have certain rights. I have also encountered a similar situation in the past. When a friend experienced a water leak in their apartment and contacted the manager, they were told, “Inspections are conducted regularly.” However, it appeared that nothing was actually done. In the end, when we hired a contractor to check, issues due to aging were discovered. Thus, having a contractor look at the situation can be a way to verify whether the manager’s inspections were genuinely conducted. Contractors can identify the condition of the pipes and the cause of the problems from a professional perspective, making them very helpful.

Aging Deterioration and Landlord’s Responsibility

If the fundamental cause of the overflowing drain is aging deterioration, there is a possibility of claiming this from the landlord. Essentially, landlords have a responsibility to maintain the property properly, so if the manager has neglected inspections, that responsibility may extend to the landlord as well. However, it is important to note that you need to prove that the cause of the clog is not due to the tenant’s actions. As the questioner mentioned, the discovery of “a buildup of grease that seemed to have been left for years” when cleaning the drain trap is significant evidence of aging deterioration. This type of evidence can be used as material when making a claim against the landlord.

What Actions to Take

So, what specific actions should you take? First, you should have a contractor come and check the condition of the drainage pipes. If the contractor can identify the problem, you can consult the manager based on that report. At this time, it is important to clearly explain the nature of the problem and the possibility of aging deterioration. After that, if the manager neglects to respond, you should consider formally requesting action by sending a letter of demand. However, since legal procedures require caution, I recommend seeking advice from a professional.

Conclusion

The problem of water overflowing from the kitchen drain can be a significant source of stress for tenants. However, from a legal perspective, understanding the manager’s obligations and the landlord’s responsibilities can provide a way to resolve the issue. Through my part-time job, I have seen many cases, and I feel it is important to utilize legal knowledge to protect oneself. Finally, if you find yourself facing a similar problem, I urge you to calmly organize the situation and follow the appropriate procedures. Such troubles can happen to anyone, so it is essential to act with knowledge to maintain a safe living environment.