Can a Landlord Bill Renters for Trash and Recycling in NH?

Renters in New Hampshire often wonder whether their landlord can charge them separately for trash and recycling services. Understanding the rules around utility billing helps both renters and landlords avoid confusion and disputes. This article explains the basics of trash and recycling charges for New Hampshire tenants, what state law says, and what to do if you have concerns.

Are Landlords Allowed to Charge for Trash and Recycling in New Hampshire?

New Hampshire law does not specifically mention trash or recycling collection fees in its tenant-landlord statutes. This means whether a landlord can require tenants to pay for these services usually depends on:

• The terms of your written lease or rental agreement
• Whether the utilities are billed directly to the tenant, or included in rent
• The practices in your municipality (some towns include trash/recycling as a municipal service funded by property taxes; others require private haulers)

Always check your signed lease for language about utility and service charges. If your lease states that tenants are responsible for utilities such as trash or recycling, your landlord may charge you, provided the fees are reasonable and clearly disclosed.

Lease Agreements and Utility Disclosures

Under New Hampshire law, landlords must provide a written lease if asked by the tenant. The lease should clearly list who is responsible for each utility or service, including trash and recycling.^[1]

If your lease is silent on trash and recycling costs, and there is no written agreement, the issue could become a matter of negotiation or a local ordinance. You can ask your landlord to clarify in writing who pays for these services.

Key Laws and Agencies for New Hampshire Renters

New Hampshire's main landlord-tenant laws are found in the New Hampshire RSA 540-A: Rental Agreements. The New Hampshire Judicial Branch's Landlord and Tenant Division handles rental disputes, including those about utility charges.

What Official Forms are Available?

• NH District Court Landlord and Tenant Writ (NHJB-2336-Dist):
  If you believe a utility charge—or a related eviction—violates your rights, you may respond using this form, which is provided if your landlord files for eviction for nonpayment. You can review the form and instructions from the NH Judicial Branch official forms page.
• Petition for Relief (RSA 540-A:4):
  If you believe your landlord is violating your rights (such as charging fees not covered by your lease or cutting off services), you may file a Petition for Relief with your local district court. The process is explained in detail by the NH Circuit Court Landlord and Tenant Division.

As a renter, if you’re unclear about forms or what steps to take, consider contacting New Hampshire Legal Assistance or your local housing office for guidance.

What to Do If You Dispute a Trash or Recycling Charge

• Review your lease agreement and any written communications relating to utility charges
• Ask your landlord for a written explanation or breakdown of the fees
• Check with your local city or town to find out if trash/recycling is already covered by property taxes
• If you believe the charges are improper or were not disclosed, you can request mediation or file a complaint with the NH Judicial Branch’s Landlord & Tenant Division

FAQs for Renters in New Hampshire

1. Can my landlord make me use a specific trash hauler and bill me directly?
   It depends on the lease. If your rental agreement specifies a particular company or says tenants must set up service, you may have to arrange payment directly or reimburse the landlord. Always check your lease for exact instructions.
2. Is my landlord required to provide trash and recycling bins?
   New Hampshire law does not specifically require landlords to provide bins, but some towns and cities do. Your municipality or town hall can confirm local requirements.
3. If trash removal is a city service, can the landlord still charge tenants?
   If trash service is funded by property taxes, landlords usually may not add a separate fee. If they do, ask for clarification and contact your local housing office if you feel the charge is unfair.
4. What should I do if my landlord shuts off trash or recycling services because of a payment dispute?
   You have protections against utility shutoffs. You can file a Petition for Relief under RSA 540-A:4 with the local court if your landlord is interfering with essential services.
5. Where can I go if I need help disputing a fee or understanding my lease?
   Contact New Hampshire Legal Assistance or your local district court’s landlord-tenant division for support and official advice.

Conclusion: What New Hampshire Renters Should Remember

• Check your lease for details on trash and recycling fees
• Landlords can only charge these fees separately if clearly stated in the lease
• Contact official state agencies if you believe your rights are being violated

Staying informed and communicating clearly with your landlord helps you avoid disputes about utility billing in New Hampshire.

Need Help? Resources for Renters

• NH Circuit Court District Division – Landlord and Tenant (official disputes and forms)
• New Hampshire Legal Aid (tenant advocacy and legal help)
• NH RSA 540-A: Residential Rental Agreements Statute
• Your local municipal town or city hall (find out if trash is covered by property taxes)

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1. New Hampshire RSA 540-A: Residential Rental Agreements
2. NH Judicial Branch – Landlord and Tenant Division

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