Can Landlords Charge for Trash and Recycling in Colorado?

If you rent a home or apartment in Colorado, understanding who pays for trash and recycling is crucial. Colorado law doesn’t precisely set rules about landlords charging tenants for trash and recycling, but it does require all charges to be clearly outlined in your lease agreement. This article explains your rights and steps to take if you have concerns over trash and recycling service billing in Colorado.

Understanding Utilities and Service Billing in Colorado Rentals

In Colorado, utilities—including trash and recycling—can be paid by either the landlord or the tenant. The lease agreement is the deciding factor. If your lease says you must pay for trash or recycling, you're likely responsible. If not, the landlord typically covers the cost. Colorado's rental laws require transparency about fees and charges, so your landlord must tell you up front who pays for each utility.

What the Law Says About Charging for Trash and Recycling

There is no state law specifically requiring landlords to pay for trash and recycling in Colorado. Instead, Colorado’s Colorado Revised Statutes - Title 38 (Property Real and Personal) covers residential leases, including utility responsibilities¹.

• Lease Disclosure: All charges (including trash and recycling) must be written in the lease before you sign.
• No Surprise Fees: Landlords can’t begin charging for trash or recycling mid-lease unless you agree in writing.
• Shared Services: If you live in a building where utilities are shared, Colorado law requires a fair and reasonable division of those costs.

When in doubt, always check your signed rental agreement for utility clauses. If your lease is silent about trash or recycling charges, you can ask your landlord to clarify or provide an addendum in writing.

What Should Be in Your Lease Regarding Utilities

Your lease should spell out each party’s responsibility for all utilities, including trash and recycling. A clear section might say:

• Which utilities (water, gas, electricity, trash, recycling) you pay
• Methods of payment, whether paid directly to providers or reimbursed to the landlord
• How shared charges are calculated in multi-unit properties

If You Disagree with a Trash or Recycling Charge

If you believe you are being unfairly charged for trash or recycling services, there are steps you can take:

• Review your lease for any mention of the disputed charges.
• Contact your landlord in writing, explain your concern, and ask for an itemized bill or legal justification.
• If the issue isn't resolved, you may file a complaint with the Colorado Division of Housing or seek mediation through the Colorado Judicial Branch - Office of Dispute Resolution.

Relevant Forms and How to Use Them

• Complaint Form: Colorado Division of Housing Complaint Form
  • When to use: If you think your landlord is charging illegal or undisclosed fees or won’t address your utility issue, submit this form online or by mail.
  • How to use: Fill out the required fields, attach a copy of your lease and billing documentation, and describe your situation clearly.

Resource: The tribunal handling residential tenancies in Colorado is the Colorado Division of Housing.

FAQ

1. Can my landlord add new utility charges during my lease?
   Landlords may not add new trash, recycling, or utility charges during your lease unless you agree to the change in writing. All fees must be disclosed before you sign the lease.
2. What if my lease doesn’t mention who pays for trash or recycling?
   If your lease is silent on trash and recycling, your landlord usually remains responsible. Always ask for clarification and get any agreement about fees in writing.
3. How can I dispute a trash or recycling fee?
   Start by contacting your landlord in writing. If unresolved, you can file a complaint with the Colorado Division of Housing using their online form or seek help from mediation services.
4. Are there limits on how much my landlord can charge for shared trash or recycling?
   Charges for shared utilities must be fair and based on actual costs or a reasonable allocation formula, as outlined in your lease.
5. Can my landlord disconnect trash or recycling services if I don’t pay?
   Landlords cannot legally withhold essential services as a form of retaliation or eviction. For serious disputes, contact the Division of Housing for assistance.

Conclusion: Key Takeaways for Colorado Renters

• Utility charges (including trash and recycling) must be clearly disclosed in your lease
• Your landlord can only charge you for trash or recycling if your lease allows it
• If you face disputes or unclear charges, contact the Colorado Division of Housing for support

Remember: Always keep written records of all communications regarding any added fees or changes to your rental agreement.

Need Help? Resources for Renters

• Colorado Division of Housing – Tenant complaint forms, legal guidance, and rental assistance
• Colorado Judicial Branch - Mediation Services – Professional mediation for landlord-tenant disputes
• Colorado Revised Statutes – Title 38: Property Law – Full text of state laws regarding residential tenancies
• Colorado Legal Services – Free legal help for eligible low-income tenants

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1. See Colorado Revised Statutes - Title 38 (Property Real and Personal).
2. Official tenant-landlord information: Colorado Division of Housing.
3. Complaint form access: Colorado Division of Housing - File a Complaint.

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