Can Texas Landlords Charge for Trash and Recycling?

If you rent a home or apartment in Texas, you may be wondering whether your landlord can make you pay separately for services like trash collection and recycling. This is a common concern for renters — especially when new or unexpected charges show up on a monthly bill. Understanding your rights around utility fees helps you avoid surprise costs and resolve disputes fairly.

What Texas Law Says about Utilities and Trash/Recycling Charges

Texas landlords have specific rules they must follow if they want tenants to pay for utilities, including trash and recycling. The key law is the Texas Property Code, Chapter 92 – Residential Tenancies.^[1] This law gives both renters and landlords important protections about who pays for which utilities.

• Trash and Recycling: Texas law does not require landlords to include these services in the rent. However, if a landlord expects you to pay for trash or recycling, it must be clearly listed in your lease agreement.
• Disclosure: Your lease should state which utilities (including trash or recycling) are your responsibility and which are covered by the landlord.^[1]

When Can a Texas Landlord Charge for Trash and Recycling?

In Texas, a landlord can only charge a tenant directly for trash and recycling if certain conditions are met:

• The lease agreement specifically mentions these charges.
• The landlord provides documentation about costs if you request it.

You should not be charged for trash or recycling unless your lease makes it clear and you agreed to those terms. If a landlord tries to add the fee later, you have a right to question and challenge the charge.

What If My Lease Is Silent about Trash Services?

If your lease does not mention trash or recycling fees, your landlord generally cannot require you to pay for these services separately. Any new fee must be mutually agreed upon in writing — an oral agreement is not enough under Texas law.^[1]

How Are Trash and Recycling Charges Collected and Disclosed?

Most landlords include trash and recycling fees in the overall rent, or as a separate monthly fee listed in your lease. If your landlord bills you based on actual costs (for example, dividing a multi-unit bill), Texas law states that you can request a copy of the service’s bills, rates, and calculations. Landlords must provide this information within a reasonable timeframe.^[1]

• For multifamily buildings, fees are often shared between tenants.
• In single-family homes, charges may be passed through only if your lease allows it.

Which Texas Agency Handles Utility Disputes and Rental Concerns?

In Texas, residential tenancy and utility disputes are usually handled by local Justice of the Peace Courts, or by the Texas Attorney General's Consumer Protection Division for broader rental issues.

The Texas Justice of the Peace Courts hear landlord-tenant cases, including billing disputes.^[2]

Relevant Tenant Forms for Utility and Service Disputes

• Notice of Lease Violation (No Official Number): If your landlord violates your lease by adding unauthorized utility fees, you may document your concerns in writing. A sample template is available from the Texas State Law Library. Use this when you want to dispute or formally notify your landlord about a service charge you disagree with.
• Petition: Small Claims Case (Justice Court Form J.P. 3-1): Use this form to file a small claims case in Justice Court if your dispute over trash or utility charges cannot be resolved directly. Learn more and access the official form from the Texas Courts website.

These forms help renters seek resolution if their landlord is charging unauthorized fees or is not following lease terms.

Practical Steps If You’re Being Charged for Trash & Recycling Against Your Lease

• Review your lease agreement for specific terms about trash and recycling.
• Communicate your concerns in writing to your landlord, politely referencing your lease.
• Request copies of service bills if you’re being billed based on cost-sharing.
• If you can’t resolve the issue, consider filing a small claims petition in your local Justice of the Peace Court.

Frequently Asked Questions

1. Can my landlord add trash fees after I move in?
   If your original lease did not mention trash or recycling fees, your landlord cannot add them later unless you agree in writing. Written amendments are required in Texas.
2. Am I responsible for trash if I rent a single-family home in Texas?
   Responsibility depends on your lease. If the lease says you must pay for trash or recycling, then you are responsible. If not, your landlord typically covers these costs.
3. Where do I file a complaint about unfair trash/recycling fees?
   You may file a complaint in your local Texas Justice of the Peace Court or contact the Texas Attorney General’s Consumer Protection Division. Small claims cases can address billing disputes.
4. What if my landlord provides no evidence for the fees?
   You have a right to request documentation. If your landlord does not provide proof, you may dispute the charge legally.
5. Are there state limits on how much can be charged for trash and recycling?
   Texas law does not set a maximum fee but requires all charges to be clearly disclosed and based on actual costs, if not flat-rate as listed in the lease.

Summary: Key Takeaways

• Texas landlords can only charge for trash and recycling if it’s stated clearly in your lease agreement.
• Disputes over these charges are handled by your local Justice of the Peace Court.
• Always request documentation for any service or fee you are being asked to pay.

If you’re ever uncertain, it’s best to put questions to your landlord in writing and seek official guidance as needed.

Need Help? Resources for Renters

• Texas Attorney General – Tenants’ Rights: Guides and complaint options
• Texas Property Code, Chapter 92: Full law text
• Texas State Law Library – Landlord-Tenant Forms
• Texas Justice of the Peace Courts – Directory

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1. Texas Property Code, Chapter 92 – Residential Tenancies
2. Texas Justice of the Peace Courts Official Website

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