Indiana Renters: Can Landlords Charge for Trash and Recycling?

Understanding which utilities and services you're responsible for paying as a renter in Indiana is essential—especially costs like trash and recycling. Whether you're reviewing a new lease, questioning a monthly bill, or clarifying your landlord’s obligations, knowing your rights ensures you avoid hidden fees and protect your finances.

Utility Billing and Rental Agreements in Indiana

Indiana law does not specifically prohibit landlords from charging tenants separately for trash and recycling. However, what costs you pay—utilities included—should be clearly detailed in your written lease agreement. According to the Indiana Code Title 32, Article 31 (Landlord-Tenant Relations), all terms about rent, services, and any extra charges must be disclosed up front¹.

Common Arrangements for Trash and Recycling Charges

• Included in Rent: Most Indiana landlords include trash and recycling pickup in your monthly rent, especially for larger apartment complexes connected to city services.
• Separately Billed: In some cases—particularly for single-family rentals or smaller buildings—the landlord may charge you separately for trash and recycling. The lease should state this clearly.
• Direct Payment: Some renters may be asked to set up trash service directly with a city or private waste company.

If your lease is silent about trash or recycling fees, it's best to ask your landlord in writing for clarification before signing.

What Indiana Law Says About Utility Charges

Indiana’s landlord-tenant laws require written disclosure of all payments expected from tenants, including utility and service charges. Indiana Code 32-31-5-6 requires landlords to provide and maintain a property that complies with health and housing codes, which usually includes proper trash removal.

Key points for renters:

• Your lease must list any extra costs, including trash and recycling, before you agree to them.
• Landlords generally cannot add new fees during your lease without your written consent.
• If trash collection is required by your city/county, the landlord must still comply with local health or municipal codes regarding proper waste disposal.

Where to Find Official Indiana Lease and Rental Forms

• Indiana Residential Lease Agreement – The standard written rental contract between tenant and landlord. Use to verify included services/fees.
  • Indiana Attorney General's Tenant Rights Checklist (useful resource for lease expectations)
• Utility Complaint Form – If you are being wrongfully charged for utilities (such as garbage services) not specified in your lease, you can file a complaint.
  • Form: Indiana Utility Consumer Counselor Utility Complaint Form
  • Example: If your landlord adds a new trash fee mid-lease that wasn't listed, use this form to file a utility billing complaint.

Which Indiana Tribunal Handles Landlord-Tenant Disputes?

If a dispute arises over trash and recycling charges, most Indiana counties handle landlord-tenant disputes in their local Small Claims Division (County Court). You can bring your complaint regarding improper charges or billing directly there.

Action Steps if You Have a Trash Billing Dispute

• Review your written lease and document any communications with your landlord.
• If no agreement is specified, contact your landlord to resolve the issue in writing.
• If the fee is not in your lease and is being charged anyway, consider filing a complaint with the Indiana Utility Consumer Counselor (OUCC), or seek mediation through your county's small claims court.

Most issues can be resolved through written communication. If not, you may have a legal remedy through Indiana courts.

FAQ: Trash, Recycling, and Utility Charges for Indiana Renters

1. Can my landlord make me pay for trash if it’s not in the lease?
   Generally, no. Landlords cannot require you to pay for trash or recycling if these fees are not disclosed in your signed lease agreement.
2. Is trash collection required by Indiana law?
   Indiana law requires properties to follow local health and housing codes, which typically include safe and sanitary trash removal. Check your local city or county requirements for specifics.
3. How do I dispute an unexpected trash or recycling fee?
   First, speak with your landlord in writing. If not resolved, file a utility billing complaint or take your case to small claims court in your county.
4. Can my landlord increase trash fees mid-lease?
   Only if your lease allows it, or if you agree in writing. Otherwise, mid-lease changes that weren’t previously agreed to are not permitted.
5. Where do I file an official complaint about trash billing in Indiana?
   You can contact the Indiana Utility Consumer Counselor or seek help at your local small claims court.

Conclusion: Key Takeaways for Indiana Renters

• Trash and recycling charges must be specified in your written lease in Indiana.
• If a fee is not listed, you are not responsible to pay without your agreement.
• Disputes can be taken to the Utility Consumer Counselor or small claims court for resolution.

Check your lease, ask questions early, and use official complaint channels if your rights are not respected.

Need Help? Resources for Renters in Indiana

• Indiana Attorney General Tenant Rights Checklist – Guidance for leases and utility rules
• Indiana Utility Consumer Counselor Utility Complaint – File a formal complaint about utility charges
• Indiana Small Claims Court for Landlord-Tenant Disputes – For legal disputes over billing or fees
• Indiana Landlord-Tenant Law – Full legislation text

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1. Indiana Code Title 32, Article 31 (Landlord-Tenant Relations)
2. Indiana Attorney General – Tenant Rights Checklist
3. Indiana Office of Utility Consumer Counselor (Utility Complaint Form)
4. Indiana Courts – Landlord-Tenant Information

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