Can Landlords Charge for Trash and Recycling in North Carolina?

Understanding whether your landlord can charge you for trash and recycling services is important for North Carolina renters. Having clear information about these charges, your rights, and available resources can help avoid misunderstandings and resolve disputes efficiently.

Your Rights Regarding Trash and Recycling Charges in North Carolina

In North Carolina, trash and recycling service responsibility and costs may vary depending on your local area and the terms of your rental agreement. North Carolina landlord-tenant rules primarily come from the North Carolina Residential Rental Agreements Act^[1]. While this law covers health and safety responsibilities, it does not specifically prohibit landlords from charging for trash or recycling collection, as long as those terms are clearly stated in your signed lease agreement.

When Can Landlords Charge for Trash and Recycling?

• Lease Agreement Terms: Most commonly, your lease should outline if trash and recycling services are included or charged separately. If the lease is silent, contact your landlord for clarification—or request it in writing.
• Separate Billing: Some landlords pass the costs directly to renters, either as a monthly bill, as part of utility reimbursement, or by requiring renters to set up their own collection service accounts.
• Required Minimum Services: North Carolina law requires landlords to provide and maintain fit and habitable premises, which often includes safe trash disposal options. However, the law does not require the landlord to cover the costs, as long as the method for removal is provided^[1].

If you are unsure about the charges, review your lease and speak with your landlord. You may also want to contact your city or county public works office, as some municipalities provide services and bill renters or owners directly.

What If Trash or Recycling Service Is Not Provided?

• Health and Safety: If lack of trash removal causes a health hazard or unfit living conditions, your landlord may be violating the habitability laws under the Residential Rental Agreements Act. In such cases, you may have grounds to request repairs or report the issue.
• Making a Complaint: If your landlord isn’t providing basic services required by local codes, you may contact your local housing code enforcement or the North Carolina Housing Finance Agency for guidance.

Relevant Forms and How to Use Them

• Complaint to Local Code Enforcement: While there is no statewide standard form, most cities or counties have an online or downloadable Code Violation Complaint Form. For example, Raleigh renters can use the City of Raleigh Code Enforcement online form to report unsafe conditions, including issues caused by lack of trash removal.
  Example: You notice overflowing garbage due to missed pickups. If your landlord ignores your requests to resolve this, file the code violation form with your city. Attach photos or written communications for documentation.
• Lease or Rental Agreement Amendments: There is no official state form, but any agreement about changing service charges should be in writing, ideally on a Lease Addendum signed by both landlord and tenant. You can ask your landlord to provide a simple addendum or contact your local housing authority for sample forms.

For further action or forms, check your local city or county’s housing department resources.

Where to Get Help with Rental Disputes

If a dispute arises about trash or recycling charges that cannot be resolved directly, you may seek help through your county's Small Claims Court under North Carolina’s Magistrate Court system. This is the main official body for landlord-tenant disputes in North Carolina.

Key Legislation

• North Carolina Residential Rental Agreements Act (N.C. Gen Stat §§ 42-38 to 42-46)

Always consult the latest local codes or speak with a qualified expert if facing ongoing issues.

Frequently Asked Questions

1. Can my landlord require me to pay separately for trash collection in my apartment?
   If your lease agreement specifies that trash collection is your financial responsibility, your landlord can request payment. If not, and your landlord tries to add fees mid-lease, you may dispute it.
2. What should I do if my landlord refuses to provide trash or recycling services?
   Notify your landlord in writing about the issue. If unresolved, you may file a complaint with your local city code enforcement office or seek guidance from the North Carolina Housing Finance Agency.
3. Are there forms I can use to file a complaint in North Carolina?
   Most complaints about housing conditions are submitted using your local city or county's Code Violation Complaint Form. Check your municipality's official website for the appropriate form.
4. Who settles disputes between renters and landlords in North Carolina?
   The Magistrate Court (Small Claims Court) in your county hears most rental disputes, including those over utility or service fees.
5. Can my landlord increase trash or recycling charges during my lease?
   Landlords may only change fees if the lease allows it or after your current lease term expires. Any change should be done through a new agreement or addendum, signed by both parties.

Key Takeaways for Renters

• North Carolina landlords can charge for trash and recycling only if agreed in your signed lease.
• If your lease is silent about fees, discuss in writing before paying extra.
• Unresolved disputes may go to your local Magistrate/Small Claims Court for decision.

Understanding your lease and local resources helps protect your rental rights around utility billing and basic services.

Need Help? Resources for Renters

• North Carolina Courts – Landlord-Tenant Help: File complaints and get information about small claims procedures.
• North Carolina Housing Finance Agency: Offers education and advocacy resources for renters.
• Contact your local Code Enforcement office or dial 2-1-1 for city or county housing issues.
• Review the official renter resources for current rental assistance and habitability information.

---

1. See: North Carolina General Statutes Chapter 42 – Article 5 (Residential Rental Agreements Act)

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations