Can Landlords Charge for Trash Collection in Mississippi?

Understanding who is responsible for paying for utilities like trash and recycling is important for renters in Mississippi. The rules about whether landlords can pass these charges on to tenants depend on state law, your lease agreement, and local practices. This guide breaks down what the law says, what to look for in your lease, and what you can do if you have concerns about these charges.

Who Pays for Trash and Recycling in Mississippi?

Mississippi law does not have a specific provision naming who must pay for trash or recycling collection in residential leases. Instead, it is generally up to you and your landlord to agree—typically in your written lease—on who is responsible for these utility bills.

• If your lease agreement states that trash and recycling are included in your rent, your landlord should cover these costs.
• If your lease lists trash or recycling as a separate charge, or says you are responsible, you may have to pay these utilities on top of your monthly rent.
• Some cities or counties may have their own requirements, so always check with your local government office for city-specific rules.

For the most accurate information about your own responsibilities, always review your lease agreement carefully. If something is unclear, ask your landlord for clarification before signing.

What Does Mississippi State Law Say?

The Mississippi Residential Landlord and Tenant Act gives broad freedom for landlords and tenants to decide utility payments in the lease¹. However, the law requires landlords to keep common areas safe and maintain essential services. Trash and recycling often fall under city services, not state law, so there is no statewide rule forcing landlords to include these in the rent.

Important Considerations for Renters

Some common situations include:

• Included Utilities: If your rent is advertised as "all bills paid" or your lease mentions utilities are included, trash should be covered.
• Separate Billing: If trash is not mentioned in your lease, ask if you will receive a bill from the landlord or the local government.
• Change in Policy: Your landlord generally cannot start charging for trash or recycling in the middle of a lease term without your written agreement.

What If Your Landlord Charges Unexpected Fees?

If you are charged for trash or recycling fees that were not outlined in your original lease, you have the right to:

• Request clarification and a detailed breakdown of the charge from your landlord
• Review your lease for language about utility responsibilities
• Seek free legal advice from statewide resources or your local housing authority

If direct conversation doesn’t work, you may consider filing a complaint or seeking dispute resolution with your local justice court.

Forms and How to Use Them

There is no state-mandated form in Mississippi specifically for disputing trash or utility charges. However, if a dispute over fees escalates, you might use the following:

• Mississippi Justice Court Complaint Form: Used to make a formal claim for money you believe is wrongfully charged under your lease. You can use this if your landlord is charging unauthorized fees for trash or recycling.
  How to use: Complete the complaint form, attach any evidence or correspondence, and file it at your local Mississippi Justice Court. This court handles small landlord-tenant disputes for your county.

Who Handles Residential Disputes?

Mississippi does not have a statewide tenant-landlord board. Instead, the Mississippi Justice Courts handle tenancy disputes at the county level.

FAQ: Renters’ Questions About Trash Charges in Mississippi

1. Can my landlord add new trash fees after I’ve signed my lease?
   No, your landlord cannot add fees for trash or recycling services during your lease unless you agree in writing. Fees should only change at lease renewal or if both parties agree.
2. Are landlords required to provide trash service in Mississippi?
   No, there is no state law requiring landlords to provide trash service unless your lease specifically says so. Always double-check your written agreement.
3. Can a landlord evict a tenant for disputing a trash or recycling fee?
   No, simply questioning or disputing a fee is not valid grounds for eviction. However, failing to pay any agreed-upon utility bills could lead to issues.
4. How can I get help if I think a charge for trash service is unfair?
   Start by talking to your landlord. If the issue is not resolved, you may contact your local justice court or a free legal service for assistance.
5. If my city provides trash pickup, does my landlord still have to pay?
   Not always – sometimes tenants pay the trash bill directly to the city, and sometimes landlords pay. Check your lease and ask your landlord if you’re unsure.

Key Takeaways for Mississippi Renters

• There is no statewide law in Mississippi requiring landlords to pay for trash or recycling – it depends on your lease.
• Any fees for trash or recycling must be clearly outlined in your lease agreement.
• Disputes can often be resolved by communicating with your landlord or, if needed, filing a complaint with your local justice court.

Always read your lease carefully and ask questions before signing. When in doubt, seek help from official tenant resources for Mississippi.

Need Help? Resources for Renters

• Mississippi Residential Landlord and Tenant Act – Official Guide
• Mississippi Justice Courts – Tenancy Dispute Information
• Mississippi Center for Legal Services – Free Renter Advice
• HUD Mississippi Rental Resources

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1. See the Mississippi Residential Landlord and Tenant Act (official PDF)
2. For disputes: Mississippi Justice Court – Official Courts Directory

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