Lease agreement for tenants

What Do Tenants Who Rent a Home With a Septic System Need to Know?

ByLaura Schultz

Landlords are typically required by law to provide their tenants with habitable living conditions, which includes access to safe drinking water and proper sanitation/wastewater disposal. In Illinois, for example, the requirement is that landlords must keep rental units fit to live in and must also comply with all state and local health codes. So, the broad requirements for habitable living conditions generally mean that septic systems do fall under the purview of what landlords must keep in adequate condition for a livable property. But, depending on where one lives, the depth of requirements to landlords for maintaining septic systems can vary significantly. 

Several states have rules that regulate the design, installation, maintenance, and inspection of septic systems. These regulations apply to all homes serviced by septics, including rental properties, and are managed at the state and local levels. State environmental or health departments also typically set minimum standards, and local counties or municipalities may have additional requirements. 

A good example of such a case can be found in Wisconsin. The state has regulations that oversee the design, installation, and management of septic systems. However, Dane County, home to the state’s capital city of Madison, has a stricter code which mandates more frequent inspections, maintenance, and permits. 

If you ever get renters inquiring with you on what to do about the septic systems at their homes, here are the baseline points that they should know — Because while the landlord should ultimately have the most responsibility for the system, some may still fall on the tenant.

  • Determine how wastewater is handled: If the tenant pays a utility bill for sewer service, then they are on a municipal wastewater system. If they do not pay for utilities, look around the property for evidence of a septic system in the yard. If still unsure, ask the landlord whether the rental home is on a public system or if there is a septic system.
  • Read the rental agreement: Rental agreements should clearly explain the responsibilities for septic system care, including maintenance schedules and tenant obligations. If there is not a written rental agreement, the tenant and landlord should work together to create one that both agree to before an issue arises.
  • Learn about local regulations: Many states require landlords to follow specific septic system regulations, including proper installation, maintenance, and environmental compliance. Contact the local health authority to ask if there are any regulations for the area in question.
  • Ensure the system is being maintained: Landlords are typically responsible for ensuring the septic system is properly maintained, including scheduling routine inspections and pumping to prevent backups and system failures. Check the rental agreement to verify.
  • Notify the landlord of issues: If the tenant notices slow drains, foul odors, or soggy ground near the septic tank, these could indicate problems with the septic system. Inform the landlord immediately of any problems. If a septic system issue arises, landlords must investigate the cause. If the problem is due to tenant misuse (e.g., flushing inappropriate materials), the tenant may be responsible for repair costs.
  • Seek education about septic systems: Each year, the US Environmental Protection Agency holds SepticSmart Week during the third week of September. The week is an opportunity to educate the public about septic systems through various educational initiatives, like the SepticSmart quick tip videos.

This blog post has been adapted from a series of new articles at The Private Well Class National Help Center, an initiative of our sister program PrivateWellClass.org. Find the articles below for more information:

You might also enjoy our this episode of the Tap Talk podcast from 2021 focusing on renter’s rights from the private well side of the equation: