Montana Mobile Home Utility Pass-Through Laws Explained

If you’re renting a lot or home in a Montana mobile home park, understanding utility charges is essential. Many renters wonder: can parks pass through utility costs (like water, sewer, or electric) directly to tenants? This guide explains Montana law, your rights, and what steps to take if you have concerns about utility charges.

Understanding Pass-Through Utility Charges

"Pass-through utilities" are charges that landlords or park owners bill tenants to recover the exact utility costs, rather than including utilities in rent. This can include:

• Water
• Sewer
• Electricity
• Gas
• Garbage collection

Under Montana law, charging tenants directly for utilities is allowed, but there are rules about how and when these charges can be assessed.

When Can Montana Parks Charge Pass-Through Utilities?

According to the Montana Residential Mobile Home Lot Rental Act, park owners can pass through utility charges if this is clearly stated in your written rental agreement. The key rules include:

• Rental Agreement: Charges for utilities must be listed in the rental or lot lease agreement.
• Actual Cost Only: Parks may only charge tenants for the actual cost paid to the utility provider. No extra "administrative fees" may be added unless agreed in the contract.
• Notice Requirements: If the utility billing method changes, landlords must give reasonable, written notice.

If utilities were previously included in your rent and a new charge is being added, this is legally considered a "rent increase" and may be subject to notice rules and limits under Montana law.^[1]

How Are Utility Charges Calculated?

Montana law does not require individual metering of lots. If the park has a master meter, the owner may divide the bill among renters using an agreed-upon method. Always check your lease for specific terms.

Your Right to Documentation

Landlords must provide a copy of the utility bill to renters upon request. You have a right to see the calculation behind your charges.

If You Dispute Utility Charges: Action Steps

If you believe you're being overcharged or billed unfairly for utilities, here’s what you can do:

• Review your lease agreement for utility billing details.
• Request a copy of the actual utility bill from the park owner.
• Ask for an itemization of charges.
• Send a written request or complaint to your landlord about any discrepancies.
• If not resolved, you can file a formal complaint with the Montana Justice Court, which is the tribunal for landlord-tenant matters.

Relevant Montana Forms for Renters

• "Complaint for Damages/Other Relief" Form
  Use when: You want to dispute improper charges or seek a legal remedy.
  How: Fill out and file this form with your local Justice Court.
  Access Montana court complaint forms here.

If your charges are significant, or your services are disrupted, consider seeking legal advice or mediation before going to court.

FAQ: Montana Mobile Home Utility Pass-Throughs

1. Can my mobile home park start billing for utilities if they were previously included in rent?
   Yes, but this counts as a rent increase and written notice requirements apply under Montana law.
2. Does my landlord have to show me the exact utility bill?
   Yes, you have the right to request and see a copy of the bill the landlord received from the utility provider.
3. What if I think I'm being overcharged?
   You can ask for a breakdown of costs. If you still dispute the charges, you may file a complaint with the Montana Justice Court.
4. Can a park owner add extra "processing" fees to my utility charges?
   No. Only the actual cost of utilities may be passed through unless your lease clearly allows additional fees.
5. Which agency handles disputes about manufactured housing in Montana?
   The Montana Justice Court is responsible for resolving landlord-tenant and utility billing disputes.

Key Takeaways for Renters

• Montana law lets parks charge pass-through utilities if it is in your written agreement.
• Charges must reflect only the actual cost paid to utility providers.
• If you disagree with your bills, you have rights to documentation and formal complaint options.

Staying informed and communicating in writing with your landlord helps resolve utility charge concerns more smoothly.

Need Help? Resources for Renters

• Montana Justice Court Locator – File rental and billing complaints or small claims
• Montana Residential Mobile Home Lot Rental Act (Title 70, Chapter 33, MCA) – Full manufactured housing law
• Montana Limited Courts: Forms for Tenants – Official forms for complaints and disputes
• Montana Department of Commerce – Tenant and Landlord Resources

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1. The core legal framework is the Montana Residential Mobile Home Lot Rental Act (Title 70, Chapter 33, Montana Code Annotated).
2. Montana Justice Court: State Tribunal Information Here.
3. Tenant access to forms and official guidance: Montana Court Forms for Housing Disputes.

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