Delaware Rules for Pass-Through Utility Charges in Mobile Home Parks

If you rent a lot or a home in a Delaware mobile home park, you might wonder if the park can charge you for utilities like water, sewer, or trash collection—sometimes called “pass-through” utility charges. Understanding your rights and your landlord’s responsibilities under Delaware law can help you avoid unexpected fees and resolve disputes effectively.

What Are Pass-Through Utility Charges?

Pass-through utility charges are fees that the owner or manager of a mobile home park collects from tenants to cover the cost of utilities—either billed individually or as a portion of a group bill. In Delaware, special rules apply to how and when these charges can be passed to renters in manufactured housing communities.

Limits and Requirements on Utility Charges in Delaware

The Delaware Manufactured Home Owners and Community Owners Act outlines key protections for renters. Here’s what you need to know:

• Written Disclosure: The community owner must clearly state in your lease or rental agreement what utilities you’re responsible for paying and whether charges are based on individual meters or allocation methods.
• No Unreasonable Fees: Community owners may not add extra fees or surcharges beyond the actual cost billed by the utility provider, except as explicitly allowed by law.
• Billing Requirement: If utilities are submetered, your charges must accurately reflect your individual usage as shown on the meter.
• Notice of Changes: Park owners must provide you with 60 days’ written notice before changing the method or formula for billing utilities.
• Disputes: You may file a complaint if you believe the park has overcharged you or failed to follow legal requirements.

Common Utility Billing Methods

Mobile home parks in Delaware can bill residents in a few different ways, such as:

• Direct Metering: Each home has its own utility meter and renters pay the utility company directly.
• Submetering: The park owner installs meters for each home and charges tenants based on those readings.
• Allocation: The total park bill is divided among residents by household size, lot size, or another formula stated in the rental agreement.

It’s important for renters to review their lease to confirm how utilities are allocated and ensure all charges are described clearly. If you don’t understand a utility charge, ask for a breakdown or bill copies for your records.

How to Dispute or Report Utility Overcharges

If you suspect that a mobile home park is overcharging you or not following Delaware’s rules for utility pass-throughs, you have options:

• First, request a detailed explanation or written statement from the park owner about how your charges are calculated and copies of related utility bills.
• If your concerns are not addressed, you can file a complaint with the Delaware Department of Justice, Consumer Protection Unit, or consider mediation or a formal dispute through the appropriate state tribunal (listed below).

Relevant Forms and How to Use Them

• Delaware Consumer Complaint Form
  Consumer Complaint Form
  When to use: If you believe a mobile home park has violated your rights or improperly charged you for utilities, you can submit this form to the Delaware Department of Justice, Consumer Protection Unit. For example, if you are billed for utilities at rates higher than what the utility provider charges, fill out and submit this form for investigation.
• Alternative Dispute Resolution request (Justice of the Peace Court)
  Justice of the Peace Court ADR Information
  When to use: If direct negotiation with your park owner fails, you may use mediation through the Justice of the Peace Court, Delaware’s residential tenancy tribunal.

Which Tribunal Handles Disputes?

For formal disputes about utility charges and other mobile home tenancy issues, cases are typically handled by the Delaware Justice of the Peace Court. This court has a dedicated summary possession (landlord-tenant) process for manufactured home communities.

FAQ

1. Can my landlord charge me more than what the utility company charges?
   No, Delaware law prohibits park owners from charging residents more than the rate billed by the utility provider. Only actual utility costs may be passed through, unless specific surcharges are allowed in your agreement and by law.
2. What notice must I get if the park changes how utilities are billed?
   You must receive at least 60 days’ written notice before any changes to utility billing methods or formulas go into effect.
3. How can I see proof of the charges I'm paying?
   Request written documentation or copies of the park’s utility bills. Park owners should provide this information if you question a utility charge.
4. What should I do if my park refuses to correct illegal utility charges?
   File a Consumer Complaint Form with the Delaware Department of Justice or consider mediation or legal action through the Justice of the Peace Court.
5. Which agency oversees mobile home park tenant complaints?
   The Delaware Department of Justice, Consumer Protection Unit and the Delaware Justice of the Peace Court handle mobile home park disputes.

Conclusion / Key Takeaways

• In Delaware, mobile home park owners cannot make a profit on utilities—they can only recover actual costs from renters.
• Any changes to billing methods must come with 60 days’ written notice.
• If you feel utility charges are unfair or illegal, request an explanation and consider filing a formal complaint.

Understanding these rules can help renters stay informed and protect their rights in manufactured housing communities.

Need Help? Resources for Renters

• Delaware Department of Justice, Consumer Protection Unit: For filing complaints about landlord utility charges or other park landlord issues.
• Delaware Justice of the Peace Court: Handles residential landlord-tenant disputes, including utility overcharges.
• Legal Help Link Delaware: Find free or low-cost legal assistance for renters statewide.
• Delaware Manufactured Home Owners and Community Owners Act: Full text of the laws governing rights and responsibilities.

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1. Delaware Manufactured Home Owners and Community Owners Act, 25 Del. C. § 7001 et seq.
2. Delaware Department of Justice, Consumer Protection Unit
3. Delaware Justice of the Peace Court - Landlord-Tenant Information

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