Can My Landlord Charge for Trash and Recycling in NJ?

New Jersey renters often wonder whether landlords are allowed to charge separately for trash and recycling costs. Understanding your rights regarding these charges can help you budget effectively and address billing disputes. This article outlines New Jersey's regulations, the role of written leases, and the official channels for resolving residential utility disputes.

What Does State Law Say About Trash and Recycling Charges?

In New Jersey, both state law and local ordinances play a part in how trash and recycling services are provided and billed. There is no state-level law that universally prohibits landlords from charging tenants for trash and recycling collection. However, there are important rules about disclosure and billing:

• Landlords can require tenants to pay for trash and recycling only if it is clearly outlined in the written lease agreement.
• Some cities provide municipal trash/recycling collection covered by local taxes, in which case tenants should normally not be billed individually.
• Private or multi-family buildings (especially those with 3+ units) sometimes must arrange their own collection at the landlord's expense unless otherwise specified in the lease.

For more details, check the New Jersey Department of Community Affairs (DCA) guidelines for landlords and tenants.^[1]

Lease Agreements and Disclosure Requirements

Transparency is key: New Jersey law requires landlords to disclose all charges not included in rent within the lease. According to the Truth in Renting Act, if responsibilities for utilities such as trash and recycling are not specified, the landlord must pay for them.^[2]

• Always request a copy of your signed lease and review utility/fee sections.
• If your lease says "utilities included", the landlord cannot add separate trash or recycling charges unless you agree in writing.

Local Ordinances May Affect Your Rights

Certain New Jersey municipalities provide trash and recycling as part of resident services. If so, landlords generally should not pass these charges to tenants. Always check with your city or town’s local DPW or recycling office for local rules.

What to Do If You Dispute a Trash or Recycling Bill

If you believe you're being charged unfairly or outside your lease terms, there are steps you can take:

• Confirm what your lease says about trash/recycling responsibility.
• Ask your landlord for copies of utility bills or invoices if you're being billed.
• Put your concerns in writing to your landlord and keep a record.
• If the issue isn’t resolved, consider mediation or filing a complaint with your county’s consumer affairs office or your city’s Rent Leveling Board (if available).
• For serious disputes, you can apply to the New Jersey Landlord/Tenant Section of Superior Court for resolution.^[3]

Sample Official Form: Landlord/Tenant Complaint (DC-102)

Form Name: Landlord/Tenant Complaint (DC-102)
Use: File this form to start a case in Superior Court's Special Civil Part when you have serious disputes with your landlord, such as unauthorized utility charges.
Example: If your landlord is billing you for trash pickup not mentioned in your lease and refuses to credit your account, you can use this form to request a hearing.
Official Source: Download Landlord/Tenant Complaint (DC-102)

Which Tribunal Handles Utility and Billing Disputes?

The Superior Court of New Jersey - Special Civil Part, Landlord/Tenant Section resolves tenancy disputes, including utility charges, lease enforcement, and evictions.

Relevant Tenancy Law in New Jersey

The main law is New Jersey's Truth in Renting Act.^[2] This law covers required disclosures, rent and utility charges, and tenant protections. Municipal ordinances may add further requirements.

Frequently Asked Questions

1. Can my landlord start charging for trash if my lease says utilities are included?
   No. If your lease says utilities are included, your landlord cannot add a separate trash or recycling fee unless you sign a new agreement.
   
2. What if local trash service is covered by property taxes?
   If your municipality collects trash and it’s paid through taxes, your landlord cannot double-bill you for this service.
   
3. Who do I contact if I need to challenge a utility charge?
   Start with your landlord and then your city’s Rent Board or the Special Civil Part, Landlord/Tenant Section of the New Jersey Superior Court.
   
4. Does the law require leases to specify who pays for trash or any utility?
   Yes. The landlord must disclose all charges not included in rent—if it's not listed, the landlord is typically responsible.
   
5. What official form do I use if I need to file a complaint in court?
   Use the Landlord/Tenant Complaint (DC-102) to bring a case about utility charges in the Landlord/Tenant Section of Superior Court.
   

Conclusion: Key Takeaways for New Jersey Renters

• Landlords in NJ can only charge you for trash and recycling if your lease says so.
• Review your lease and city ordinances to check your responsibilities.
• If you believe a charge is unfair, use official forms and legal channels to resolve the dispute.

Thoroughly checking your lease and understanding both local and state rules can help you avoid surprise charges and assert your rights effectively.

Need Help? Resources for Renters in New Jersey

• NJ Department of Community Affairs – Landlord/Tenant Info
• Superior Court of New Jersey – Landlord/Tenant Section
• NJ 2-1-1: Free Housing & Tenant Resources
• Truth in Renting Act Guide (official booklet)
• List of County Recycling Offices

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1. NJ DCA: Guidelines for Landlords & Tenants
2. Truth in Renting Act (NJ DCA Booklet)
3. Superior Court of New Jersey - Special Civil Part, Landlord/Tenant Section

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