Can Landlords Charge for Trash and Recycling in Florida?
If you’re renting in Florida, you might wonder if your landlord can legally charge you for trash and recycling services. Understanding your rights under Florida law helps you avoid unfair charges and resolve utility disputes quickly. This guide explains when landlords can bill tenants for trash and recycling, what must be disclosed in your lease, and where to get help if you face issues with utility bills or services.
Florida Laws About Utility Charges for Renters
Florida law does not specifically prohibit landlords from charging renters for trash or recycling services. However, whether or not you have to pay often depends on what your lease agreement states. In general, landlords can require renters to pay for certain utilities—including trash collection—if this responsibility is clearly spelled out in your lease before you sign it. It must be clear who pays which utilities, and charges should reflect the actual costs incurred, not arbitrary extra fees.[1]
Key Lease Disclosure Requirements
- Landlords must state in the lease if tenants are responsible for trash and/or recycling fees.
- If utilities are billed separately (not included in rent), the lease should outline how costs are calculated and how payment will be collected.
- You cannot be charged for a service that is not actually being provided or that you did not agree to in your lease.
Disputes about charges or unclear lease terms can be addressed by contacting the Florida Department of Business and Professional Regulation (DBPR) or, in some counties, local housing departments.
Who Handles Utility and Rent Disputes in Florida?
Residential tenancy complaints in Florida are generally handled in county court, but renters can seek early help or mediation through local legal aid or the DBPR Complaint Portal. The relevant law is the Florida Residential Landlord and Tenant Act (Chapter 83, Florida Statutes).[2]
Tip for Tenants
Relevant Forms for Florida Renters
- Notice of Noncompliance with Lease Agreement (Florida Statute 83.56): Use this if your landlord is charging for trash/recycling outside your lease terms. Send this written notice to document your dispute. See Florida Notice of Noncompliance.
- Complaint Form – Division of Hotels and Restaurants: Use this to report unresolved disputes related to health, sanitation, or public lodging (including trash issues in multi-family units) via the official DBPR complaint page.
If you believe you are being overcharged or billed unfairly, it is best to notify your landlord in writing first. If the issue is not fixed, you may proceed to file an official complaint with the state.
What to Do If You’re Unfairly Charged
If you find charges for trash or recycling on your monthly bill that were not disclosed in your lease—or you believe you are being overcharged—you should act promptly. The Florida Residential Landlord and Tenant Act offers options for resolving disputes, including written notice and potential court action.
- Review your lease for any clauses about utilities and services.
- Communicate your concern to your landlord in writing, citing your lease terms and state law.
- If unresolved, contact your county court or the DBPR for mediation or to start a formal complaint.
Quick action and clear documentation improve your chances of resolving the dispute without escalating to court.
FAQs About Trash and Recycling Charges in Florida Rentals
- Do Florida landlords have to pay for trash pickup?
Not always. Florida law lets landlords assign responsibility for trash collection to tenants if it’s clearly written in the lease. Always check your agreement. - Can my landlord add new utility fees after I’ve signed the lease?
No, new fees—like for trash or recycling—cannot be added during your lease term unless you agree in writing. Any changes must be mutually agreed upon. - What if my landlord doesn’t provide trash service but still charges me?
If you’re being charged for a service you’re not receiving, notify your landlord in writing. If the issue continues, file a complaint with the DBPR or seek legal aid. - Where can I complain if I’m being overcharged for trash service?
Start by contacting your landlord. If the problem remains, submit a complaint to the Florida DBPR or your local housing office. - Does the Florida Landlord and Tenant Act limit how much can be charged for trash?
The law does not specify a cap but requires that all charges reflect the terms agreed upon in the lease and be based on actual services.
Conclusion: What Florida Renters Should Remember
- Landlords can charge for trash and recycling if this responsibility is clear in your lease.
- You cannot be charged for a service you did not agree to or that is not provided.
- If you believe charges are unfair, take action using lease review, written notice, and official state complaint channels.
Staying informed and keeping good records puts you in a strong position to resolve any billing or utility dispute.
Need Help? Resources for Renters in Florida
- Florida Department of Business and Professional Regulation (DBPR): Oversees complaints and inquiries about residential tenancies.
- Florida Legal Services: Free or low-cost legal aid for renters with utility disputes.
- Read the Florida Residential Landlord and Tenant Act (Chapter 83) for your full rights and landlord obligations.
- Your Florida County Court Self-Help Center: Local information and advice for resolving disputes.
- Florida Residential Landlord and Tenant Act (Chapter 83, Florida Statutes): Official text
- Florida Department of Business and Professional Regulation (DBPR): DBPR Official Website
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