Can my landlord bill me for trash even if it's not in my lease?

No. Unless your lease specifically says you must pay for trash, your landlord cannot add this fee without your agreement in writing.

Is my landlord required to provide recycling services?

No state law requires recycling in West Virginia, but some local governments may. Check with your local authority.

Who do I contact if I think I've been overcharged for trash or recycling?

Start by contacting your landlord. If needed, reach out to the local magistrate court or the West Virginia Attorney General’s Consumer Protection Division.

Can my landlord change who pays trash bills during my lease?

Not without your written agreement. Any changes to utility payment must be put in writing and agreed to by both parties.

How do I formally dispute a trash or recycling charge in West Virginia?

Write to your landlord first. If unresolved, fill out a General Civil Complaint for your local magistrate court.

Can Landlords Charge for Trash in West Virginia?

Utilities, Services & Billing West Virginia published June 21, 2025

If you are renting a home or apartment in West Virginia, understanding who pays for utilities like trash and recycling pickup is important. Utility costs can be a source of confusion, especially when monthly bills arrive or lease renewals come up. This guide explains whether landlords can lawfully charge tenants for trash and recycling services in West Virginia—and what your rights are regarding these charges.

Who Is Responsible for Trash and Recycling Fees?

In West Virginia, there is no specific statewide law that automatically requires either landlords or tenants to pay for trash and recycling. Responsibility for these services typically depends on what your lease agreement states. Always review your rental contract closely.

If your lease says you must pay for trash and recycling, your landlord can require you to do so.
If there is no mention of trash or recycling in your lease, the landlord generally remains responsible for utility costs unless other arrangements are agreed upon in writing.
For multi-unit buildings, landlords often pass trash costs onto tenants either by direct billing or by including them in rent or a monthly utility fee.

What Must Be Included in Your Lease?

The West Virginia Residential Landlord-Tenant Act (see WV Code §37-6-30) requires lease agreements to clearly state all charges the tenant will pay, including utilities like trash or recycling if applicable.^[1]

If trash/recycling bills are not listed in your signed lease, you generally cannot be charged for them later without a written amendment.
Landlords must provide advance written notice (typically 30 days) of any change to your utility payment obligations.

How Are Trash and Recycling Services Billed?

Local policies may affect billing. Some West Virginia cities bill landlords directly (who then may recoup costs from tenants), while others bill tenants. If a landlord pays the city directly and includes the cost in your rent or as a separate monthly fee, this must be stated in your lease. For shared buildings, be aware of how charges are divided among units.

Tip: If you are unsure who pays for trash or notice new fees added to your bill, ask your landlord to show where this responsibility appears in your lease or to provide written explanation or documentation from the local utility.

What to Do If You Have a Dispute

If you believe you are being unfairly charged for trash or recycling pickup:

Check your lease for utility clauses and confirm whether these charges are allowed.
Request a breakdown of the charges and any supporting bills from your landlord.
Put your complaint in writing and keep a copy for your records.
If the issue is unresolved, you may contact the West Virginia Attorney General’s Office Consumer Protection Division or the local municipal utility provider.

If you must formally dispute a lease or utility charge, you might consider filing a case in your local county’s magistrate court, which handles most landlord-tenant disputes in West Virginia. Review filing instructions with your county magistrate court or seek advice from legal aid services.

Official Forms You Might Need

Complaint Form (General Civil Complaint): Used for small claims in magistrate court, including improper charges.
Find WV Magistrate Court Forms.
Notice of Lease Dispute: Not a standard state form, but you should document your issue in writing to your landlord before filing in court.

Example: If your landlord adds a trash fee not stated in your lease, write a letter (Notice of Lease Dispute) and, if unresolved, use the General Civil Complaint to start a case in magistrate court.

Relevant Law and Tribunal

Residential rental matters in West Virginia are governed by the WV Residential Landlord-Tenant Act. The primary tribunal for disputes is your county magistrate court.

FAQ: West Virginia Trash & Recycling Charges

Can my landlord bill me for trash even if it's not in my lease?
No, unless your lease specifically says you must pay for trash, your landlord cannot add this fee without your agreement in writing.
Who do I contact if I think I've been overcharged?
Start with your landlord. If unresolved, contact your local magistrate court or the West Virginia Attorney General’s Consumer Protection Division.
Is my landlord required to provide recycling services?
There’s no state law requiring recycling, but some cities may have local rules. Check with your local utility or city government.
What if my landlord stops paying for trash service?
If the lease says the landlord is responsible, failure to provide essential services may be a lease violation. You can put your concerns in writing and contact local authorities if necessary.
How can I file a complaint or dispute a utility charge?
Complete a General Civil Complaint form and follow your county magistrate court’s process. See the steps below for details.

Conclusion: Key Takeaways

Your lease should clearly state who pays for trash and recycling in West Virginia.
Landlords cannot charge you for utilities not agreed upon in the lease.
For unresolved disputes, magistrate courts are the typical venue for official complaints.

Always get any changes about utility charges in writing and keep copies for your records. If unsure, reach out to state or local renter resources.

Need Help? Resources for Renters

West Virginia Court System: Landlord-Tenant Resources
West Virginia Attorney General – Consumer Protection Division
WV Legal Aid (for renters)
For general questions or local trash billing policies, contact your city or county utility provider.

West Virginia Landlord-Tenant Act. See WV Code §37-6-30.
State courts process: County Magistrate Courts handle residential tenancy disputes.
Official forms: WV Magistrate Court Forms.