Indiana Rules on Pass-Through Utility Charges in Mobile Home Parks

Renting a mobile or manufactured home lot in Indiana can come with questions about utility charges. One common concern is whether a mobile home park may pass along utility costs to you as the renter—often called "pass-through" utility charges. Understanding your rights regarding these charges helps you budget, resolve disputes, and spot unlawful practices under Indiana law.

What Are Pass-Through Utility Charges?

"Pass-through" utility charges mean your landlord or park owner bills you for utilities (like electricity, water, or sewer) the park receives from a main supplier, but does not resell or mark up. In some cases, park owners bill for each lot based on usage or by dividing the total bill among tenants.

Indiana Law: Can Mobile Home Parks Pass Utility Charges to Tenants?

Under Indiana law, mobile home park owners can charge tenants for certain utilities. However, the way in which these fees are calculated, disclosed, and billed is subject to Indiana Code Title 32, Article 31, Chapter 7 (Mobile Home Parks).^[1] Here’s what the law says about utility pass-through charges:

• Written Agreement: Your rental or lot lease agreement should clearly state which utilities you must pay and how those charges are determined.
• Billing Transparency: Any utility charges (water, sewer, electric, gas, or waste removal) passed on to you must reflect actual use, divided fairly (usually by meter, occupancy, or other reasonable formulas).
• No Markups Allowed: The park cannot profit by charging extra for utilities—only the cost billed to the owner, plus a reasonable administrative fee if specified in the lease.
• Notice Requirements: The landlord or park must provide clear billing statements when charging for utilities.

What Should Appear in Your Lease?

Your lot rental agreement must specify:

• Which utilities you are responsible for
• The method for calculating your share
• Any administrative fees or surcharges (which must be reasonable and disclosed)

If utilities are not mentioned in your rental agreement, you may not be required to pay them, unless you agree to changes in writing.

How to Address Concerns or Disputes

If you feel you’re being unfairly charged or if your bill lacks transparency:

• First, review your written lease agreement to compare actual charges with what is permitted.
• If unclear, request a breakdown from your landlord or property manager.
• If a dispute continues, you may consider filing a complaint or seeking mediation.

Filing a Complaint in Indiana

Your first step is to try to resolve issues directly with your landlord or park manager. If that does not resolve the problem, you can reach out to:

• Indiana Office of the Attorney General, Consumer Protection Division — handles landlord-tenant complaints (including mobile home parks). You can submit the Consumer Complaint Form online.^[2]

For legal advice, you may also contact local legal aid or pro bono legal services in Indiana.

Required Forms and Where to Get Them

• Consumer Complaint Form (No Official Number):
  This is used to report unfair utility billing or other park management practices to the Indiana Attorney General. For example, if your park is charging for utilities without clear calculation or documentation, file this form online and upload supporting documents.

Which Tribunal Handles Disputes?

Indiana does not have a dedicated housing tribunal. Most mobile home park disputes (including utility charges) are handled through local courts. For guidance, contact the Indiana Courts Self-Service Legal Center and review small claims court procedures.

Relevant Laws

• Indiana Code §32-31-7: Mobile Home Parks
• Indiana Code §8-1-2-87.7: Utility Resale Provisions

In summary, mobile home park pass-through utility charges are allowed, but park owners must follow transparency and fairness requirements under Indiana law.

Frequently Asked Questions

1. Can my mobile home park charge for utilities if it is not in my lease?
   Normally, no. All tenant charges, including utilities, must be clearly stated in your lease. If not, your landlord should not bill you for them unless you agree in writing.
2. Is it legal for my landlord to add a fee on top of actual utility costs?
   Landlords may include a reasonable service fee if it is disclosed in the lease, but cannot add extra profit. The fee must be outlined and reasonably related to billing costs.
3. What if I believe the utility division is unfair?
   First, ask for written documentation explaining how your bill is calculated. If the explanation is unclear or seems unreasonable, document your concern, and consider filing a complaint with the Indiana Attorney General.
4. Where do I resolve disputes about utility charges in Indiana?
   Indiana generally requires you to use the local small claims or civil court in your area. You can review your options with the Indiana Courts Self-Service Legal Center.
5. Can a park disconnect my utilities if I dispute a charge?
   Landlords cannot disconnect utilities as retaliation for disputes. Disconnection requires following due legal process, and tenants have specific protections against unlawful shutoff under Indiana law.

Key Takeaways

• Indiana law allows pass-through utility charges by mobile home parks, but fees must be fair, documented, and in your lease.
• Landlords may not mark up or profit from utility pass-throughs except for limited, disclosed administrative fees.
• If you have concerns, use written communications, and know you can file complaints or seek help from state resources.

Need Help? Resources for Renters

• Indiana Attorney General - Consumer Protection: File landlord-tenant complaints, including utility billing issues
• Indiana Courts Self-Service Legal Center: Court guidance for disputes
• Indiana Housing and Community Development Authority (IHCDA): Renter rights programs and assistance
• Indiana Legal Services: Free legal help for qualifying renters

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1. Indiana Code Title 32, Article 31, Chapter 7: Mobile Home Parks
2. Indiana Attorney General: Consumer Complaint Form

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