Can Georgia Landlords Charge Renters for Trash and Recycling?

Understanding who is responsible for trash and recycling costs is an important part of renting a home or apartment in Georgia. Whether you’re new to renting or have questions about your current lease, this article will guide you through Georgia laws, common rental practices, and how to resolve trash and recycling billing issues with your landlord.

Who Pays for Trash and Recycling in Georgia Rentals?

In Georgia, there is no specific statewide law that requires landlords to pay for trash or recycling services. Instead, who pays these fees depends on what is written in your rental lease agreement. Most cities or counties require trash pickup as part of local ordinances, but the costs can lawfully be passed on to tenants if clearly detailed in the lease.

• If the lease says the landlord pays: The landlord must cover trash/recycling costs.
• If the lease says the tenant pays, or is silent: You may be billed, but only if this is clearly spelled out in the lease agreement.

Typical Lease Terms for Utilities

Most Georgia leases include a section covering utilities and services such as water, electricity, and trash removal. Review this section to find out:

• Who is responsible for paying for trash and recycling
• How frequently charges occur (monthly, quarterly, etc.)
• How charges are determined (flat fee, city service, pass-through cost, etc.)

Can a Landlord Charge Separate Fees for Trash and Recycling?

Georgia law allows landlords to charge separately for trash and recycling if it is clearly outlined in the lease agreement. If the lease is silent on the subject, you cannot be forced to pay extra charges unless you give written agreement. Any add-on fee not specified in the lease may be challenged as an unauthorized charge under Georgia’s rental laws.

What Does the Georgia Law Say?

Georgia’s rental laws are governed by the Georgia Landlord and Tenant Act. This law doesn’t specifically mention trash or recycling, but it does require landlords to fulfill the terms of the lease and keep rental units fit for habitation^[1]. City and county ordinances may also require property owners to ensure trash removal, though the cost may still fall on the tenant if agreed in writing.

Common Issues Renters Experience

• Landlords adding new trash fees mid-lease (not allowed without written agreement)
• Ambiguous lease language—always ask for clarification
• Unannounced increases in trash or recycling fees

If you’re asked to pay for trash or recycling but can’t find this in your signed lease, contact your local code enforcement or city housing office for help.

Filing a Complaint or Dispute in Georgia

If you and your landlord can’t resolve a billing dispute over trash or recycling, you can take the issue to court or seek mediation. Most rental issues in Georgia are handled by county Magistrate Courts, also known as Small Claims Court. For concerns about basic living conditions (including trash removal), reaching out to local code enforcement or housing authorities is recommended first.

Relevant Forms for Georgia Renters

• Georgia Magistrate Court Statement of Claim: Used if you believe you are being unfairly charged and want to recover money or challenge a lease dispute.
  Find the form and instructions for your county from the Georgia Magistrate Courts website.
• City or County Code Enforcement Complaint Form: File this if the property is not being kept up to health codes (for example, trash isn’t being removed and it’s not your responsibility). These forms are available at your city or county government’s official website; check the Atlanta Code Enforcement area as an example.

It’s important to keep written records of communications with your landlord and copies of any forms or complaints filed.

FAQ: Trash and Recycling Fees in Georgia Rentals

1. Can my landlord start charging for trash and recycling after I move in?
   If your lease was silent or stated the landlord paid, they cannot add new fees mid-lease without your written agreement. Fees can only be changed at lease renewal, not during an active lease.
2. What can I do if my landlord charges me for trash pickup but never provides trash bins or a service?
   You can file a complaint with your local code enforcement office, as your landlord may be violating minimum property maintenance standards.
3. Are trash and recycling charges considered rent in Georgia?
   No. These are separate fees, but unpaid charges could still be grounds for eviction if your lease defines them as required payments.
4. If my landlord pays for trash but suddenly stops, who do I contact?
   Speak with your landlord first. If not resolved, contact your city or county’s code enforcement or local housing authority.

Conclusion: Key Takeaways for Georgia Renters

• Who pays for trash or recycling is determined by your lease, not state law.
• Landlords cannot add new fees mid-lease unless you agree in writing.
• Disputes can often be resolved through code enforcement or Magistrate Court if needed.

Always check your lease and keep written records if issues arise about trash or recycling service fees in Georgia.

Need Help? Resources for Renters

• Georgia Magistrate Courts: Handles most landlord-tenant disputes and small claims.
• Georgia Department of Community Affairs – Rental Assistance: Housing help and information for Georgia renters.
• Atlanta Code Enforcement: For property maintenance or health complaints in Atlanta.

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1. Georgia Landlord and Tenant Act, O.C.G.A. Title 44, Chapter 7

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