Can Arkansas Landlords Charge for Trash and Recycling?

Understanding what utilities you’re required to pay for can help Arkansas renters avoid confusion at lease signing and during their tenancy. If you’re wondering whether landlords in Arkansas can charge for trash and recycling, state laws and your lease play the biggest roles. Below, we outline what’s allowed, what your rights are, and how Arkansas law protects tenants regarding utility billing—including trash and recycling services.

What the Law Says About Utility Charges in Arkansas

Arkansas does not have any state laws specifically requiring landlords to pay for or to provide trash and recycling services to tenants. Instead, whether you or your landlord pays for trash and recycling mostly depends on:

• Your written lease agreement
• What local city or county regulations require
• How utilities and municipal services are set up for your property

According to the Arkansas Residential Landlord-Tenant Act (AR Code § 18-17), landlords must provide a habitable living environment. While this covers health and safety (like water, electricity, and heat), trash and recycling service is considered a separate utility or municipal service, so its payment is governed by your lease and, sometimes, by local ordinance¹.

Who Pays for Trash and Recycling?

Check your lease. Most Arkansas leases include a section on utilities:

• If your lease states renters pay for trash and recycling: Your landlord can bill you, pass the city’s charges to you, or require you to contract directly with the local service company.
• If your lease is silent or states the landlord pays: You are not required to pay for these services unless you agree to it in writing or as part of a new lease term.

Common Scenarios: Billing and Disputes

Here is what often happens with Arkansas trash and recycling charges:

• Charges are included in rent ("landlord pays")
• Charged separately and itemized each month (passed through from the city/county or utility provider)
• You arrange service yourself (in single-family rentals or where no multi-unit collection exists)

If a landlord asks for a new trash or recycling fee not specified in your signed lease, you have the right to refuse unless you agree to an amended lease. Landlords cannot add new charges midway through your lease without your written consent.

Disputing Unfair or Unclear Charges

If you feel unfairly billed for trash or recycling:

• First, communicate with your landlord in writing and ask for documentation (such as bills or municipal invoices).
• If you reach no agreement, check with your local City’s Sanitation or Solid Waste Department and verify service/billing rules.
• If the dispute continues, you may pursue mediation or a filing in Arkansas District Court (which handles landlord-tenant disputes in Arkansas).

Relevant Forms and How to Use Them

• Arkansas Notice to Landlord of Noncompliance (Form: None Numbered; Sample Template)
  When to use: If your landlord charges trash or recycling fees not included in your lease, send this notice to document the disagreement.
  How to use: Clearly state: (1) what your lease does or does not say about trash/recycling utilities; (2) the date(s) you were charged; (3) your request for the charges to stop or be explained.
  Sample Arkansas Notice to Landlord
• Arkansas District Court Civil Complaint (Form: Civil Cover Sheet - AR District Court)
  When to use: If an agreement cannot be reached and you wish to have a court resolve the dispute.
  How to use: File with your local District Court clerk. Attach your lease, correspondence, and any evidence.
  Arkansas District Court Civil Forms

FAQ: Arkansas Renters and Utility Fees

1. Can an Arkansas landlord require tenants to pay for trash pickup?
   Yes, if it is stated in your signed lease agreement. If not in your lease, you are not required to pay extra for trash pickup during that lease term.
2. What if my landlord starts charging for recycling mid-lease?
   Your landlord cannot add new utility fees in the middle of your lease unless you agree in writing. If this happens, you can dispute the charge.
3. Who do I contact if I believe I’m being overcharged for trash service?
   First, contact your landlord in writing. If unresolved, reach out to your local city sanitation office or Arkansas District Court for help.
4. Is there a form I can use to complain about extra trash fees?
   Yes, you can send a written Notice to Landlord (see above), then file a complaint in Arkansas District Court if necessary.
5. If trash service is included in rent, can my landlord reduce service?
   Only if the lease allows it. Any change in included services should be documented with a lease amendment or by city/county law.

Conclusion: Key Takeaways for Arkansas Renters

• Landlords can charge for trash and recycling only if your lease says so.
• Reject new, mid-term charges that are not in your current lease.
• Always document disputes and use official forms if you need to escalate.

Need Help? Resources for Renters

• Arkansas District Court – Residential Landlord-Tenant Disputes (official tribunal for housing cases)
• Read the Arkansas Residential Landlord-Tenant Act
• Legal Aid of Arkansas (tenant support and free legal help)
• Arkansas Division of Environmental Quality (solid waste and recycling info)

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1. Arkansas Residential Landlord-Tenant Act (Arkansas Code Title 18, Chapter 17)
2. Arkansas District Court – Landlord-Tenant Tribunal
3. Arkansas Division of Environmental Quality

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