What are my landlord's responsibilities when renting a home with a private water well and/or an onsite wastewater treatment system (OWTS)?

If you live in a rental home with a private well and/or an OWTS, landlords are generally required to provide tenants with habitable living conditions, which includes safe drinking water and proper wastewater disposal. For example, in Illinois, landlords must keep rental units fit to live in and comply with state and local health codes. Depending on where you live, the requirements for your landlord to maintain these systems can vary greatly.

Private wells are not regulated like public water systems, so how do you determine if well water is “safe” to meet habitable living conditions? Testing is the only way to know for sure. Some states have passed laws that require well water testing at rental properties, including California, Maine, Maryland, and New Jersey. For example, in 2002, New Jersey passed the New Jersey Private Well Testing Act which requires landlords to test their well water once every five years and to provide a copy of the test results to the tenant.

Many places do not have any rules, which can create problems for a tenant who believes the well water at their rental home may be contaminated. Even if there are no local or state regulations that cover well water standards at a rental home, you can learn more by reading our article:

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

For instance, the state of Wisconsin has Chapter SPS 383 regulations, which oversee the design, installation, and management of private onsite wastewater treatment systems throughout the state. However, Dane County, Wisconsin, has their own code, which mandates more frequent inspections and maintenance, and has a stricter permitting process than the state-level rules.

If you own or live in a rental home with an OWTS, learn more by reading our article: