Can Your South Dakota Landlord Charge for Trash and Recycling?

If you rent a home or apartment in South Dakota, you may wonder who is responsible for paying for trash pickup and recycling services. These are essential services for keeping your home safe and sanitary, but when charges appear on your bill—or your landlord bills you separately—it’s important to know your rights and the law in South Dakota.

Who Pays for Trash and Recycling Services in South Dakota?

Unlike some states, South Dakota does not have statewide laws specifically assigning the responsibility for trash and recycling utility costs. Instead, the rules depend largely on your lease agreement. The South Dakota Codified Laws, which govern landlord-tenant relations in the state, allow landlords and tenants to set their own terms surrounding utility payments unless otherwise prohibited by local ordinances or regulations.^[1]

Check Your Lease Agreement

Most lease agreements will clearly state if you or your landlord is responsible for trash, recycling, or other utility payments:

• Included in rent: Some leases include utility costs in the overall rent amount. In this case, your landlord is responsible for arranging and paying for trash and recycling pickup.
• Separate charge: Other leases allow landlords to pass on these costs as a separate fee, provided this is spelled out clearly in the rental contract.

If your rental agreement does not mention trash or recycling services, the responsibility generally falls on the landlord as part of their duty to provide a habitable and sanitary living environment. Always review your lease and ask questions before signing.

Can Landlords Add or Change Fees During a Lease?

Landlords cannot impose new utility or service fees—such as for trash or recycling—during an active lease unless you and the landlord agree in writing. Any change in responsibility or additional charges should be made in a lease renewal or amendment. Sudden or unexpected charges without notice may be a violation of your rights as a tenant.

What If Your Landlord Fails to Provide Trash Service?

• If your lease states that your landlord is responsible for trash/recycling services and those services stop, notify your landlord in writing immediately.
• If there is health or safety risk due to lack of waste removal, you may have grounds to file a complaint with local code enforcement or pursue action under the habitability requirements in South Dakota Codified Laws, Chapter 43-32.^[1]

Relevant Official Forms and How to Use Them

• Notice to Landlord of Non-Compliance (No official number): Use if your landlord fails to provide services required by your lease, such as trash pickup. Send a written letter stating the problem and requesting correction. There is no standardized statewide form, but see guidance at the South Dakota Office of the Attorney General Tenant-Landlord Rights page.
• Complaint to Code Enforcement (Local): If needed, file with your city or county code enforcement if trash accumulates to create health/safety risks. Find local offices via your city or county website.

You may also consult the South Dakota Tenant-Landlord Rights page for forms and additional guidance.

What South Dakota Law Says About Utilities and Sanitation

State law requires landlords to keep rental properties habitable, including maintaining basic sanitation. However, it leaves the details of specific utility payments—like trash and recycling—to lease agreements, except where local regulations say otherwise. For more, see the South Dakota Codified Laws, Chapter 43-32, which sets tenant and landlord responsibilities.^[1]

In disputes, the local county circuit court typically handles landlord-tenant matters in South Dakota, as there is no separate residential tenancies board. You can find more information and file complaints through your local circuit court.^[2]

FAQs for South Dakota Renters

1. Can my landlord charge me for trash or recycling if it’s not in my lease?
   If it’s not clearly stated in your lease, your landlord generally cannot charge you a separate fee during your tenancy. Always ask for a written explanation and consult the South Dakota laws or local resources if you have concerns.
2. What should I do if my landlord suddenly adds new utility charges?
   Ask for a written explanation and refer to your lease. New charges can only be added if both you and the landlord agree to a lease amendment. If you don’t agree, you may refuse the new charge.
3. Are there any local rules about trash service I should know about?
   Some South Dakota cities may have additional ordinances requiring landlords to provide trash/recycling. Check with your city’s housing or code enforcement office for details.
4. Do I have to accept a rent increase that includes new trash fees?
   If your lease is expiring, your landlord can change the terms—including utility responsibilities—when offering a renewal. You do not have to accept new terms, but you may need to move if you don’t agree.
5. Where can I get help if my building has unsafe trash conditions?
   Report urgent concerns to your local code enforcement office or the South Dakota Attorney General’s Consumer Protection Division.

Key Takeaways for South Dakota Renters

• Responsibility for trash and recycling charges depends on your lease agreement.
• Landlords cannot add new fees mid-lease unless you agree in writing.
• Maintain all records and know your rights under South Dakota law.

Know your lease and communicate with your landlord. When in doubt, seek guidance from official resources or your local circuit court.

Need Help? Resources for Renters

• South Dakota Attorney General's Tenant-Landlord Rights – Official guidance and complaint contacts
• South Dakota Circuit Courts – For filing disputes or clarifying legal processes
• City or county code enforcement offices – For urgent health or sanitation concerns (find on your local government website)

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1. South Dakota Codified Laws, Chapter 43-32 – Landlord/Tenant Act
2. South Dakota Unified Judicial System – Circuit Courts

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