Can Landlords Charge for Trash and Recycling in Illinois?

Understanding how trash and recycling service fees work under Illinois law can help renters avoid confusion and protect their rights. Landlords and tenants often have questions about who pays for these utilities, what’s legally required in a lease, and your options if a billing dispute arises. This guide offers a clear overview for Illinois renters on trash and recycling charges, relying on government and tribunal sources only.

What Illinois Law Says About Utility Charges

In Illinois, a landlord may require tenants to pay for certain utilities, including trash and recycling, but only if it’s clearly stated in the written lease agreement. Utility payment arrangements must be disclosed and agreed to up front.

• Under the Illinois Residential Tenants' Right to Repair Act and the Illinois Security Deposit Return Act, there is no statewide rule requiring landlords to include or exclude trash/recycling in rent.
• In cities with home rule authority (like Chicago), local rules may impact trash billing. The Chicago Residential Landlord and Tenant Ordinance (CRLTO) requires lease disclosure of any charges for utilities or services.

If your lease does not mention trash or recycling charges, your landlord generally cannot bill you for them. Always check the utility terms in your rental agreement.

How Are Trash and Recycling Charges Set?

Trash and recycling costs may be:

• Included in your rent
• Charged separately as a monthly fee
• Billed as a share of the main building’s bill (sometimes called ratio utility billing)

Landlords must provide a clear breakdown of these costs if not built into rent.

What the Lease Must Include

• If you are expected to pay for trash/recycling service, your lease must explicitly state this.
• Any changes to utility billing must be communicated and agreed upon by both parties in writing; this means your landlord cannot add new trash charges after you’ve signed.
• In Chicago and some other cities, landlords must use plain language and written disclosure for any extra utility or service fee.

Billing Disputes and Renter Protections

You have rights if a landlord tries to improperly charge you for trash or recycling:

• Ask for proof: If you receive a bill, request documentation and receipts for services provided.
• Check the lease: Compare utility billing terms in your signed lease to what you’re being billed.
• Negotiate and document: Put any communications about disputed charges in writing (such as email).

If trash or recycling remains uncollected, landlords must provide habitable premises under the Illinois Residential Tenants' Right to Repair Act and local health and building codes.

Official Forms for Utility or Billing Disputes

• Complaint Form: In Chicago, tenants can file utility billing complaints with the Department of Housing using their Tenant Complaint Form (no official form number).
• Use: This form is for reporting overcharging, lack of disclosure, or any ordinance violation regarding utilities/services. For example, if you are charged separately for trash without notification in your lease, you may submit this form online directly to the city.

Which Tribunal Handles Tenant Disputes?

In Illinois, residential tenancy disputes (including those about utilities) are typically handled in the county circuit courts. In Chicago, the city's Department of Housing mediates complaints under the CRLTO. Elsewhere in Illinois, renters may start with local city code enforcement or county courts.

FAQ

1. Can my landlord charge me for trash if it's not in the lease?
   If your lease does not mention trash or recycling fees, your landlord is generally not allowed to bill you separately for them. All fees must be disclosed and agreed to in writing.
2. Is it legal to split trash service costs among tenants in a multi-unit building?
   Yes—if your lease explains this type of billing arrangement clearly, and the breakdown is transparent. Always request an itemized statement if unsure.
3. Does the law require landlords to provide trash collection in Illinois?
   State law doesn’t specifically require landlords to provide trash service, but local city or county codes (especially in Chicago) often do. Check with your building department if unsure.
4. What should I do if my landlord adds new fees mid-lease?
   Fees not included in your original signed lease cannot be added unilaterally. Politely decline payment and reference your lease agreement. Seek help from a local housing authority if necessary.
5. How can I report illegal or undisclosed utility charges?
   In Chicago, you can use the official Tenant Complaint Form. In other parts of Illinois, contact your local code enforcement or the county court for advice on handling billing disputes.

Conclusion: Key Takeaways for Illinois Renters

• Landlords can only charge separately for trash/recycling if your lease clearly states this up front.
• All charges must be documented and agreed to in writing.
• If you suspect wrongful billing, review your lease and reach out to city or county authorities for support.

If you read your lease carefully and keep all communication in writing, you’ll be better protected from unexpected utility charges.

Need Help? Resources for Renters

• Illinois Security Deposit Return Act
• Chicago Department of Housing – Renter Services
• Cook County Circuit Court – Tenancy Disputes
• Illinois Attorney General – Consumer Protection Hotlines
• Chicago Tenant Utility Complaint Form

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1. Illinois Residential Tenants' Right to Repair Act
2. Illinois Security Deposit Return Act
3. Chicago Residential Landlord and Tenant Ordinance (CRLTO)
4. Illinois Attorney General – Consumer Protection Hotlines
5. Chicago Tenant Complaint Form

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