Can Landlords Charge for Trash and Recycling in Maine?

Understanding how trash and recycling fees are handled can help Maine renters avoid unwanted surprises on their monthly bills. Maine laws set certain rules about which costs can be passed to tenants, including utilities and waste disposal services. If you're renting in Maine and wondering whether your landlord can make you pay for trash and recycling, here's what you need to know.

Who Is Responsible for Trash and Recycling Services in Maine Rentals?

Unlike some utilities, Maine law does not automatically require landlords to pay for trash and recycling services. The responsibility often depends on the terms outlined in your lease agreement. In most cities and towns in Maine, municipal trash pick-up is funded through property taxes or town fees. However, if there is no municipal service or if the property uses private collection, landlords may try to pass on those costs to renters.

• Lease agreement controls: Review your rental lease to see if it specifies who must arrange or pay for trash and recycling services.
• Municipal service or private? If your city or town provides trash pickup, landlords usually cannot charge separately unless specified otherwise in the lease.
• Private trash services: If trash and recycling require private hauling, landlords may seek reimbursement from renters if the lease allows.

What Does Maine Law Say About Utility and Trash Fees?

The primary legislation governing landlord and tenant relationships in Maine is the Maine Landlord-Tenant Act (Title 14, Chapter 709)^[1]. While the Act covers utilities and general lease terms, it does not specifically prohibit landlords from charging separately for trash or recycling—as long as the charges are clearly listed in the written lease.

• Written notice required: If the landlord intends to charge tenants for trash or recycling, this must be stated in the written lease at the start of the tenancy.
• No hidden fees: Landlords cannot charge additional fees after the lease is signed unless both parties agree to modify the terms in writing.
• Disclosure of costs: Upon request, landlords must itemize charges, including for trash or recycling, and provide receipts if services are private and not town-funded.

What Forms Are Available for Disputes?

If you believe you are being unfairly charged for trash or recycling, you have the right to seek resolution. Common avenues include communicating in writing or, if needed, filing in the appropriate legal venue:

• Notice of Violation/Complaint (no form number): Tenants can draft a written notice to the landlord outlining any alleged violations, including unauthorized charges for trash and recycling. While Maine does not supply an official statewide form, sample complaint templates and guidance are available on the Office of the Maine Attorney General’s housing rights page.
• Complaint for Forcible Entry and Detainer (Eviction) Form (CV-082): If disputes escalate, such as regarding nonpayment of disputed charges, eviction actions are filed with this form. It is officially used by landlords but informs tenants of the process. More information and the form are accessible through the Maine Judicial Branch.

If you and your landlord can’t resolve the issue, the Maine District Court is the official body that handles residential tenancy disputes, including fee disagreements.^[2]

How to Address Disputes or Fee Concerns

If you think you are being charged improperly for trash or recycling services, take the following action steps:

• Read your lease agreement carefully—look for specifics on trash and recycling costs.
• Request a written explanation from your landlord of any extra fees and proof of service if required.
• If still unresolved, write a formal complaint or contact your local town office for clarification on service charges.
• For continued disputes, consider filing in Maine District Court, using guidance from the Attorney General's tenant guide.

These steps ensure your request is documented, which is important if you need to challenge a charge.

FAQ

1. Can my landlord add trash or recycling fees after I sign my lease?
   If your lease does not already specify these charges, your landlord cannot add them unilaterally. Changes must be agreed to in writing by both landlord and tenant.
2. What if my city pays for trash pick-up—can my landlord still bill me?
   No, if your city or town includes trash services in taxes or municipal fees, your landlord should not charge separately unless your lease specifically states otherwise.
3. How do I dispute an unauthorized fee?
   Start by notifying your landlord in writing and asking for documentation. If unresolved, file a complaint with the Maine District Court or consult the Attorney General’s office.
4. Is recycling ever required by law in Maine rentals?
   Some municipal ordinances require recycling, but state law does not make it mandatory for landlords or tenants. Requirements vary by town.
5. Who do I contact if my landlord refuses to address repeated trash service problems?
   You can reach out to your town office, the Maine Attorney General’s Consumer Protection Division, or the Maine District Court for legal assistance.

Conclusion

• Maine landlords can charge for trash and recycling only if it’s detailed in your written lease. No hidden fees are allowed.
• If trash services are covered by municipal taxes, separate charges typically aren’t permitted unless listed in the agreement.
• For disputes, document all communications and use official forms, seeking help from state resources if needed.

Staying informed about your lease and local trash service rules helps renters avoid unexpected costs and confidently address issues if they arise.

Need Help? Resources for Renters

• Maine Attorney General – Tenants and Landlords Guide: Clear explanations of all rental rights and responsibilities.
• Maine District Court: Handles all tenancy disputes, including complaints about fees or services.
• MaineHousing – Tenant Resources: Assistance and information on tenant concerns or finding rental support.
• Contact your local town office to check rules about municipal trash services and ordinances in your area.

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1. Maine Landlord-Tenant Act, Title 14, Chapter 709
2. Maine District Court

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