Can Landlords Charge for Trash and Recycling in New Mexico?

For renters in New Mexico, knowing whether a landlord can charge for trash and recycling services is important for planning your monthly expenses. State rules and local practices can affect what you're responsible for, so here’s what you need to know as a New Mexico tenant.

Understanding Utility Charges in New Mexico Rentals

In New Mexico, rental agreements often address which utilities and services are included in the rent. Utilities typically mean water, electricity, gas—and sometimes, trash and recycling removal. Your lease should clearly state who pays for which services.

When Can Landlords Charge for Trash and Recycling?

The New Mexico Uniform Owner-Resident Relations Act allows landlords and tenants to negotiate who pays for utilities, including trash and recycling. This means:

• If your lease specifically says you must pay for trash and recycling, you are responsible for those charges.
• If the lease is silent, the default is that the landlord pays unless a separate written agreement exists.
• Any charges or billing details must be disclosed up front, including how and when you’ll be billed.

All requirements must be clearly stated in the rental agreement to be legally enforceable.^[1]

Required Disclosures and Billing Practices

New Mexico law requires that landlords disclose all utility arrangements and charges in writing before a lease is signed. This helps renters budget and avoid surprise fees.

• Bundled Utilities: Some landlords include trash and recycling in rent. If so, the rent cannot be increased later to cover these unless both parties agree in writing.
• Separate Billing: If trash or recycling costs are billed separately, ask how charges are calculated and if bills will match what the city or hauler charges.
• Shared Services: In multi-unit buildings, landlords must disclose how costs are split among tenants. These details should be in the lease or an attached addendum.

What if There’s a Dispute Over Trash or Recycling Charges?

If your landlord tries to charge you for trash and recycling without a written agreement, you can:

• Review your lease for any mention of trash/recycling charges.
• Request a copy of utility bills or the city’s fee schedule for transparency.
• Contact the New Mexico Attorney General Consumer Protection Division if you believe charges are excessive or improperly billed.

Key Forms and Where to Find Them

• New Mexico Notice of Violation of Rental Agreement
  Use this form if your landlord is violating the lease or charging unauthorized fees. Download from New Mexico Courts Self-Help Center.
• Complaint Form – New Mexico Attorney General
  File this form if attempts to resolve the issue fail. Example: you receive bills for trash even though your lease says it's included in rent.
  Access the official Complaint Form.

Always use official copies and submit forms as instructed by the agency or court.

Who Oversees Tenant-Landlord Issues in New Mexico?

Residential tenancy issues in New Mexico are handled by the New Mexico Courts, particularly through local Magistrate and Metropolitan Courts for disputes. The Attorney General's Office Consumer Protection Division can assist with utility billing complaints.

Relevant Legislation

For the full details on tenant and landlord rights about utilities, you can read the New Mexico Uniform Owner-Resident Relations Act (NM Statutes Chapter 47, Article 8).^[1]

1. Can landlords add trash or recycling fees after I sign my lease?
   If your lease does not mention these charges, your landlord cannot add them later unless you agree to an amendment in writing.
2. Is my landlord required to provide trash and recycling service?
   Most cities require landlords to provide at least basic trash removal—recycling services may depend on local law and should be clarified in your lease.
3. What should I do if my landlord charges more than the actual trash collection fee?
   Request copies of the utility bills or city rate schedule. If the charge is much higher than the actual cost, contact the New Mexico Attorney General Consumer Protection Division.
4. Where can I file a complaint about utility overcharges?
   You can submit a complaint with the New Mexico Attorney General's Office or bring the issue to your local Magistrate Court.

Conclusion: What Renters Should Know

• Check your lease for clear information on who pays for trash and recycling.
• Any charges must be disclosed in writing and agreed upon up front.
• If you have concerns, try to resolve them with your landlord first and use official resources if needed.

Understanding these guidelines can help you avoid misunderstandings and ensure fair billing.

Need Help? Resources for Renters

• New Mexico Attorney General Consumer Protection Division – Utility billing and landlord/tenant help
• New Mexico Courts Self-Help Center – Forms and information about tenant rights
• New Mexico Mortgage Finance Authority Renter Resources – General rental assistance and resources

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1. New Mexico Uniform Owner-Resident Relations Act (NM Statutes Chapter 47, Article 8)

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