Is my landlord responsible for fixing a backed-up toilet?

Full question:

I live in my bi-level house and I rent the bottom half of that. My landlord seems to think that a backed up toilet is not his responsibility. We have only lived here 3 months and they said that if it is toilet paper then they do not have to fix it. Is he right? Meanwhile I am unable to shower or use the bathroom inside. It is our only bathroom and I was wondering what to do to get this resolved. Should I fix it and take him to court, or fix it and give him that much less for rent?

• Category: Landlord Tenant
• Subcategory: Repairs
• Date: 04/07/2025
• State: Maryland

Answer:

In Maryland, landlords are generally required to address serious defects that affect the health and safety of tenants. A backed-up toilet can be considered a serious issue, especially if it prevents you from using the bathroom or showering. According to Maryland law (Md. Code Ann. Real Prop. § 8-211), landlords must repair conditions that pose a substantial threat to the life, health, or safety of occupants, including inadequate sewage disposal facilities.

If your landlord refuses to fix the toilet, you should notify them in writing about the issue. This notice can be sent via certified mail, and it should clearly describe the problem. The landlord has a reasonable time to make repairs after receiving this notice, typically no more than thirty days.

If the landlord fails to address the issue, you may have the right to take further action. This includes possibly withholding rent or filing for rent escrow, where you pay your rent into court until the repairs are made. However, it's crucial to follow the legal procedures outlined in the law to protect your rights.

Remember, if you fix the toilet yourself, you might not be able to deduct that cost from your rent without following proper legal channels. It’s advisable to consult with a legal professional to understand your options fully.