Pass-Through Utility Charges in Kansas Mobile Home Parks

If you rent a lot or a manufactured home in Kansas, you may wonder if your park can charge you extra for utilities. Understanding your rights around pass-through utility charges can help you avoid overpaying and resolve issues quickly. This article explains Kansas rules on utility charges for mobile and manufactured home park residents, offering simple explanations and key state resources.

What Are Pass-Through Utility Charges?

A pass-through utility charge is when your landlord or park owner bills you directly for utilities like water, gas, electricity, or trash collection—either based on your actual usage or a share of the park’s bill. This is common in mobile home parks, but there are rules landlords must follow in Kansas.

What Does Kansas Law Say About Utility Charges in Mobile Home Parks?

Kansas law allows park operators to charge tenants for utilities in certain cases. However, they must follow:

• The terms stated in your written lease or rental agreement
• State and local utility regulations
• Kansas Mobile Home Parks Residential Landlord & Tenant Act (K.S.A. 58-25,100 et seq.)^[1]

According to K.S.A. 58-25,108, if a park provides utilities and charges tenants for them, the utility charges must be clearly stated in the rental agreement. The park must not profit from utility charges; parks can only "pass through" their actual utility costs to you, without surcharges or administration fees beyond what the utility provider charges.

How Must Pass-Through Fees Be Disclosed?

Kansas law requires that any fees or charges—including utilities—be listed in your lease. If the lease is silent or unclear about pass-through charges, tenants may dispute the charges under state law.

Can a Park Change Utility Fees During Your Lease?

Generally, utility fees can only be increased or introduced after your current lease expires—unless the lease allows mid-term changes. Always check for any notification requirements or change clauses in your rental agreement.

How to Dispute Unfair Utility Charges in Kansas

If you believe you've been overcharged or your park is profiting from utilities, here’s what you can do:

• Review your lease carefully for specific language on utility charges.
• Ask your landlord for a copy of the actual utility bill for your lot or for the entire park.
• If the park refuses or charges unreasonable fees, you can file a complaint with the Kansas Attorney General’s Consumer Protection Division (Kansas AG Contact).
• You may also file for dispute resolution or legal action in your local district court if the issue cannot be resolved.

Official Forms: Kansas Complaint and Court Actions

• Consumer Complaint Form (No. Official Number)
  When to use: If you are being overcharged for utilities or facing unfair utility pass-through charges, you can file this form with the Kansas Attorney General’s Consumer Protection Division.
  How to use: Fill out the online form or print it and mail it to the Attorney General’s office. Attach supporting documents like your lease and recent bills. This form can help start an investigation or mediation.
• Small Claims Petition (CC-50)
  When to use: If you want to recover overcharged fees or damages under $4,000, you can file a small claims action. Download the Small Claims Petition.
  How to use: Complete the form and file it with your local county district court. Follow any instructions provided on the form or court website.

Who Oversees Mobile Home Park Disputes in Kansas?

Residential tenancy disputes, including those involving mobile home parks, are generally handled by your Kansas District Court. There is no separate board or tribunal just for landlord-tenant disputes in Kansas; all legal actions are filed in the ordinary county courts.

FAQ: Pass-Through Utilities in Kansas Mobile Home Parks

1. Does my landlord have to show the actual utility bill if I ask?
   Yes, you have the right to request evidence of utility costs when you are being charged on a pass-through basis. This helps ensure you only pay for the amount the utility company is charging the park.
2. Can my park charge an "administrative" or "processing" fee on top of utility charges?
   No. Under Kansas law, parks cannot add extra surcharges for administering utility bills. Only the direct cost from the original utility provider can be passed on to tenants.
3. What if utilities are split between all park tenants and not individually metered?
   If utilities are allocated based on an overall bill, the park must use a fair and clearly described method, stated in your rental agreement. You can still request documentation on how your portion was calculated.
4. Can utility charges be changed before my lease ends?
   Only if your signed lease specifically allows for mid-term changes to utility charges; otherwise, changes should take effect at lease renewal.
5. Where do I go if I want to formally dispute a utility charge?
   You can first file a consumer complaint with the Kansas Attorney General, or pursue the case in your local Kansas District Court.

Key Takeaways

• Kansas landlords can charge tenants for utilities but must disclose fees in advance and cannot profit from these charges.
• Utility charges must match actual costs and not include extra administrative fees.
• Disputes can be addressed through the Kansas Attorney General’s Consumer Protection Division or local district courts.

Need Help? Resources for Renters

• Kansas District Courts (handles all legal tenant-landlord disputes)
• Kansas Attorney General – Consumer Protection Division (file utility or landlord complaints)
• Kansas Legal Services (free and low-cost legal help for renters)
• Kansas Attorney General Contact Page

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1. Kansas Mobile Home Parks Residential Landlord & Tenant Act (K.S.A. 58-25,100 et seq.)
2. Kansas Judicial Branch—District Courts
3. Kansas Attorney General’s Consumer Protection Division—File a Complaint

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