Are Landlords Allowed to Charge for Trash and Recycling in Hawaii?
Understanding who pays for trash and recycling services is important for renters in Hawaii. Utilities and service charges can make a big difference in your monthly budget. Hawaii’s laws outline what landlords can and cannot charge for, but the details depend on your rental agreement and local rules. This guide explains how trash and recycling charges work, what your rights are, and which government agencies can help if you have questions or disputes.
Who Is Responsible for Trash and Recycling Charges?
In Hawaii, state law allows landlords and tenants to decide—through the rental agreement—who pays for utilities and services like trash and recycling collection. There is no statewide law specifically requiring landlords to include these services in the rent or to pay for them on behalf of tenants.
- If your lease says the landlord pays for trash and recycling, they cannot later charge you separately unless you both agree to change the contract.
- If your lease makes you responsible, your landlord can require you to pay either directly to the utility provider or reimburse the landlord if they are billed.
- All agreements about utilities should be written clearly in your rental contract.
What Does Hawaii’s Residential Landlord-Tenant Code Say?
The Hawaii Residential Landlord-Tenant Code (HRS § 521) governs rental agreements and utility responsibilities. Under Section 521-42, utility charges must be outlined in writing. This protects renters and landlords by keeping responsibilities clear if any disputes arise.[1]
Typical Trash and Recycling Arrangements in Hawaii Rentals
- Single-family homes: Municipal trash and recycling is often included in property taxes (so landlords typically cover the cost).
- Multi-unit apartments and condos: Landlords may contract private haulers and split costs among tenants. Charges should be clearly stated in your lease.
If you’re unsure about whether you should pay, check your signed lease or ask your landlord for clarification. Local county ordinances may also affect collection methods, but payment responsibility is determined by your lease.
Can a Landlord Add Trash/Recycling Charges Later?
Landlords cannot add new charges during your lease term unless you agree to an amendment in writing. Any new fees or changes to payment responsibility typically take effect at renewal or for new renters. Always make sure to read and understand all lease terms before signing.
If your landlord demands new charges not written in your current lease, you can refuse payment and seek advice from the Hawaii Landlord-Tenant Hotline or file a complaint.
Relevant Official Forms for Renters
- Landlord-Tenant Complaint Form (DLIR Form): This form is used to report illegal charges, including disputes over trash or recycling fees. You can submit it to the Hawaii Department of Commerce and Consumer Affairs (DCCA) if your landlord doesn’t honor your lease agreement.
Download the Landlord-Tenant Complaint Form and instructions.
For example, if your lease doesn’t mention trash pickup fees but your landlord tries to charge you, you can use this complaint form to seek help from DCCA’s Landlord-Tenant Division.
Where to Get Help: Hawaii Landlord-Tenant Tribunal
Disputes are handled by the Hawaii Landlord-Tenant Hotline and DCCA Landlord-Tenant Branch. They provide mediation, complaint forms, and guidance—not just on trash/recycling but other rental issues too.
What Should Renters Do If There Is a Dispute?
If you and your landlord disagree over trash or recycling charges:
- Check your lease for utility/service clauses
- Keep all written communications as evidence
- Contact the DCCA Landlord-Tenant Branch Hotline for advice (see brochure)
- Consider submitting the official complaint form if the issue is not resolved informally
Most issues can be solved by reviewing your contract and communicating openly, but official support is available.
Frequently Asked Questions
- Can my landlord in Hawaii charge me for trash and recycling services?
Yes, your landlord can require payment for trash and recycling if your lease says so. If your contract is silent or says the landlord pays, they cannot later charge you without a written agreement. - What if my lease doesn’t mention trash or recycling charges?
If your rental contract is unclear, payment is typically the landlord’s responsibility. Ask your landlord to clarify or contact the DCCA for a legal opinion. - How can I formally dispute a utility charge in Hawaii?
You can submit the official Landlord-Tenant Complaint Form to the Department of Commerce and Consumer Affairs, Landlord-Tenant Branch. This starts a formal review process. - Do trash and recycling charges count as rent under Hawaii law?
Utility and service charges are not considered base rent but should be listed separately in your rental agreement. They are, however, enforceable terms if spelled out in your lease. - Where do I find the rules about landlord charges for utilities?
The Hawaii Residential Landlord-Tenant Code regulates this area. Review Sections 521-42 and 521-43 for more detail.
Key Takeaways for Hawaii Renters
- Whether you pay for trash and recycling depends on your lease terms in Hawaii.
- Landlords cannot add charges during your lease unless you agree in writing.
- For disputes, use official government forms and contact the DCCA Landlord-Tenant Branch for support.
Always review your lease and keep copies of communications for your records.
Need Help? Resources for Renters
- Hawaii Landlord-Tenant Branch, Department of Commerce and Consumer Affairs (official tribunal for tenancy matters)
- Hawaii Landlord-Tenant Hotline and FAQ: 808-586-2634 (Oahu)
- Tenant Rights Brochure (2022)
- Full Hawaii Residential Landlord-Tenant Code
[1] See Section 521-42 of the Hawaii Residential Landlord-Tenant Code; official tribunal is the DCCA Landlord-Tenant Branch.
Categories
Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & SituationsRelated Articles
- Who Pays for Utilities in Hawaii Rentals? Laws & Renter Rights · June 21, 2025 June 21, 2025
- Hawaii Tenant Protections Against Utility Shutoffs · June 21, 2025 June 21, 2025
- Sub-Metering vs. Master Meter: Hawaii Tenant Utility Rights · June 21, 2025 June 21, 2025
- Who Handles Internet Bills in Hawaii Rentals? · June 21, 2025 June 21, 2025
- RUBS Utility Billing Rules for Hawaii Renters · June 21, 2025 June 21, 2025
- Challenging an Overinflated Utility Bill as a Renter in Hawaii · June 21, 2025 June 21, 2025
- Tenant Water Bill Disputes: Your Rights in Hawaii · June 21, 2025 June 21, 2025
- Can a Landlord Shut Off Electricity for Non-Payment in Hawaii? · June 21, 2025 June 21, 2025
- How Hawaii Renters Can Benefit from Solar Power Credits · June 21, 2025 June 21, 2025