Can Landlords Charge for Trash and Recycling in Delaware?

If you are renting in Delaware, you may wonder whether your landlord can require you to pay separately for trash and recycling collection. Understanding your rights and the law is important when these charges appear on your bill or lease agreement. This guide explains what Delaware law says about utility charges like trash and recycling, when they can be passed on to tenants, and what to do if you have a dispute.

Who Pays for Trash and Recycling in Delaware Rentals?

Delaware landlords and tenants can agree—by lease—who pays for utilities, including trash and recycling pick-up. Usually, this is clearly stated when you sign your rental agreement. The law does not specifically require landlords to pay for trash and recycling. However, if your lease is silent or unclear, certain protections apply.

• Trash and recycling charges are not automatically included in rent. Your lease should specify whether you or your landlord is responsible.
• Landlords cannot force you to pay new fees that are not listed in your current agreement unless both parties agree in writing.
• If trash/recycling costs are shared among tenants, the method for dividing the charges should be clear in your lease or a separate utility addendum.

These rules are based mainly on the Delaware Residential Landlord-Tenant Code, which protects renters when new charges are added or leases are changed. You can review the full Delaware Residential Landlord-Tenant Code for comprehensive information.^[1]

What Should Be Stated in Your Lease?

Delaware law encourages transparency about who pays which utilities. If you are expected to pay for trash and recycling services, your lease should:

• Clearly list trash and recycling as a tenant responsibility.
• Indicate how charges are calculated or billed if not via standard rent.
• Explain when you will be billed (monthly, quarterly, etc.).

If your lease does not mention trash or recycling, it's reasonable to ask your landlord for clarification in writing.

If You Have a Dispute or Unexpected Charge

Sometimes disputes arise when charges show up that weren't agreed on. Delaware law provides protections for tenants in these situations. Here are key actions you can take:

• Ask your landlord for a written explanation of the trash or recycling charges.
• Refer to your signed lease and any addenda to see if these charges are mentioned.
• Submit a formal complaint if the landlord is attempting to enforce charges not previously agreed upon.

For formal disputes, Delaware has a process for landlords and tenants to resolve issues. Most disagreements are handled through the Justice of the Peace Court - Landlord/Tenant Section.^[2]

Relevant Official Forms

• Justice of the Peace Court Landlord/Tenant Complaint (Form CF01): Use this form if you need the court to resolve a dispute about lease terms, charges, or possession. For example, if your landlord demands a new trash service fee that was not in your original lease, you can file this complaint with the court. Official forms found here.

Delaware Rental Law and Utility Billing

The Delaware Residential Landlord-Tenant Code provides the legal basis for utility responsibility. Section 5312 of the Code specifically addresses utility charges, changes in how utilities are billed, and notification requirements for tenants.^[1]

• Landlords cannot add charges or change payment responsibilities for utilities (including trash/recycling) during the lease term unless both parties agree in writing.
• Any new arrangement for these costs must be agreed to before it can be enforced.

FAQ

1. Can my landlord make me pay for trash and recycling if it wasn't in my lease?
   Usually, no. Delaware law requires that all tenant obligations for utilities—including trash and recycling—are written in the lease. If not previously agreed, you should not be required to pay.
   
2. How do I dispute a new trash or recycling charge?
   Start by requesting a written explanation from your landlord. If the issue is not resolved, consider submitting the Justice of the Peace Court Landlord/Tenant Complaint (Form CF01).
3. Can a landlord charge a flat fee or divide trash costs among tenants?
   Yes, if the lease specifically outlines how trash/recycling fees are shared or allocated. This should not change during your lease without mutual, written agreement.
4. Where can I find my rights as a Delaware renter?
   Your main rights and responsibilities are explained in the Delaware Residential Landlord-Tenant Code and through resources like the Justice of the Peace Court Landlord/Tenant Section.
5. What official body handles rental disputes in Delaware?
   Rental disputes, including utility disagreements, are handled by the Justice of the Peace Court – Landlord/Tenant Division.

Conclusion: Key Takeaways

• Landlords in Delaware can require tenants to pay for trash and recycling only if it is specified in the lease.
• Disputes about new or unclear charges should be addressed first with your landlord, and if unresolved, through the Justice of the Peace Court.
• Make sure all utility costs are clearly detailed before signing a lease.

Need Help? Resources for Renters

• Justice of the Peace Court - Landlord/Tenant Section: Guidance and official information for Delaware rental disputes
• Landlord/Tenant Forms Page: Download and file official tenant complaints
• Delaware Residential Landlord-Tenant Code: Read the full legislation covering your rights and responsibilities
• Contact a local legal aid office for free tenant advice if you need further support

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1. Delaware Residential Landlord-Tenant Code, Title 25, Chapter 51. Available at: Delaware Residential Landlord-Tenant Code
2. Justice of the Peace Court – Landlord/Tenant Division. Access info at: Delaware Courts - Landlord/Tenant Information

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