Can my landlord charge me separately for trash and recycling if it's not in the lease?

Generally, no. Your landlord can only charge you for trash and recycling if your lease expressly states this responsibility.

What should I do if my landlord stops providing trash and recycling service?

Notify your landlord in writing. If unresolved, you may file a complaint with the North Dakota Attorney General’s Consumer Protection Division or pursue legal action.

Is there a limit to how much a landlord can charge for trash and recycling?

North Dakota law does not set a maximum fee, but charges must reflect actual costs or follow your lease agreement.

Who do I contact for help with a trash/recycling dispute with my landlord?

You can contact the North Dakota Attorney General’s Consumer Protection Division or your local district court for assistance.

Can my landlord increase my trash or recycling fees during my fixed-term lease?

No, unless your lease allows for variable fee adjustments, changes must typically wait until renewal with advance written notice.

Can North Dakota Landlords Charge for Trash and Recycling?

Utilities, Services & Billing North Dakota published June 21, 2025

If you're renting in North Dakota and wondering whether your landlord can legally charge you for trash and recycling services, it’s important to understand your rights and what state law allows. Trash and recycling collection is an essential part of living in any rental property, but who pays for those services — and how those charges are handled — is often a source of confusion for renters.

Who Pays for Trash and Recycling in North Dakota Rentals?

According to the North Dakota Residential Landlord and Tenant Act, there is no specific statewide law that prohibits landlords from charging tenants for utilities like trash and recycling services, as long as it is clearly outlined in the lease agreement^[1]. This means the terms about who pays for what must be detailed in your rental contract.

If your lease states that trash and recycling are included in rent, your landlord cannot charge you extra for these services.
If your lease separates trash, recycling, or any utilities from rent, your landlord may bill you for those services based on local costs or actual usage.
If nothing is mentioned in your lease, it is important to discuss and clarify the responsibility for these costs with your landlord.

What Should Your Lease Say?

The lease or rental agreement should clearly state:

Who is responsible for payment of trash and recycling (landlord or tenant)
How much you might be charged, or how the rate is determined
How payments are to be made (directly to the utility service or to the landlord)

If you are unsure, review your lease or contact your landlord for clarification. If a landlord tries to charge for trash and recycling but it is not listed in your current lease, you may have grounds to dispute the charge, especially if it was previously included.

Rules About Utility Billing and Rent Increases

Landlords cannot add or increase trash and recycling fees without giving proper written notice or waiting for your lease to renew, unless your lease already allows for variable charges. For any fee changes, North Dakota law requires advance written notice as part of any new lease agreement terms.

If you feel a new charge is unfair or was added improperly, carefully review your lease and ask your landlord for a breakdown of the charges. If needed, seek advice from the official contact listed in the Resources section below.

What If Trash or Recycling Isn't Provided?

If your landlord is contractually obligated to provide trash and recycling as part of the rental agreement and fails to do so, you may have the right to file a formal complaint or take legal action. Document any missing or interrupted services, and keep records of your written communications.

Relevant Forms for Renters

Notice of Lease Violation (No Official Number)
Used when notifying your landlord about services that are not being provided as promised in your lease.
How to use: Write a dated letter to your landlord clearly requesting fulfillment of trash and recycling obligations. Keep a copy.
Sample forms and instructions available at the North Dakota Department of Courts.
Formal Complaint Form – North Dakota Attorney General Consumer Protection Division
Use this if discussing the issue directly with your landlord does not resolve the problem and you believe a law has been violated.
How to use: Complete and submit the online or printable complaint form. Provide supporting documentation, like your lease and written communications.
North Dakota Consumer Complaint Form

The Tribunal or Board for Tenant Issues

In North Dakota, the primary authority handling residential tenancy disputes is your district court system. For general landlord-tenant problems, tenants can also contact the North Dakota Attorney General’s Consumer Protection Division for resources and support.

Relevant Legislation

North Dakota Residential Landlord and Tenant Act – governs all rental agreements, including provisions for utilities and services

FAQ Section

Can my landlord charge me separately for trash and recycling if it's not in the lease?
Generally, no. Your landlord can only charge you for services like trash and recycling if your lease expressly states this responsibility.
What should I do if my landlord stops providing trash and recycling service?
First, notify your landlord in writing. If the issue is not resolved, you may file a complaint with the North Dakota Attorney General’s Consumer Protection Division or pursue action in district court.
Is there a limit to how much a landlord can charge for trash and recycling?
North Dakota law does not set a maximum fee, but charges must be reasonable and reflect actual costs or those outlined in your lease agreement.
Who do I contact for help with a trash/recycling dispute with my landlord?
Contact the Attorney General’s Consumer Protection Division or the district court system for legal proceedings.
Can my landlord increase my trash or recycling fees during my fixed-term lease?
No, unless your lease allows for variable fee adjustments, changes must typically wait until renewal and require advance written notice.

Conclusion: Key Takeaways for North Dakota Renters

Landlords in North Dakota can charge renters for trash and recycling only if the lease permits it
All fees and responsibilities should be detailed in your rental agreement
Disputes should first be discussed with your landlord, then formally documented or reported if unresolved

Carefully review your lease and communicate in writing for all concerns about utility billing or charges.

Need Help? Resources for Renters

ND Attorney General’s Housing Resources – info and support for renters
ND Consumer Protection Complaint Form
ND District Court Self-Help – Landlord/Tenant Issues
North Dakota Residential Landlord and Tenant Act

"North Dakota Residential Landlord and Tenant Act", NDCC Title 47, Chapter 16.1, https://www.ndlegis.gov/cencode/t47c16-1.html
"Attorney General’s Consumer Protection Division", https://attorneygeneral.nd.gov/consumer-resources/housing
"ND District Court Self-Help – Landlord/Tenant Issues", https://www.ndcourts.gov/legal-self-help/civil/evictions