Pass-Through Utility Charges in New Mexico Mobile Home Parks
If you're renting a mobile or manufactured home site in New Mexico, understanding how utility fees work can protect your budget and your rights. One common question is whether parks can charge tenants for utilities—especially as 'pass-through' costs. Knowing New Mexico regulations helps you avoid unwanted surprises and take informed action if something seems off.
Understanding Pass-Through Utility Charges
A pass-through utility charge means your landlord (the mobile home park owner) passes on the actual cost of a utility service—like water, gas, or electricity—rather than charging a flat fee or covering it in your rent. This arrangement can lead to variable monthly bills depending on your usage and the service provider's rates.
What Does New Mexico Law Say About Mobile Home Park Utilities?
New Mexico state law governs the relationship between park owners and tenants under the Mobile Home Park Act1. This law outlines which fees are allowed, what information park owners must provide, and your protections as a renter.
Allowed Utility Charges
- Parks may charge tenants for utilities they use, including water, sewer, gas, and electricity.
- If utilities are not separately metered for each lot, the landlord can prorate charges based on your usage, lot size, or occupancy.
- Park owners must disclose utility rates and billing practices up front, including whether charges are passed through at cost or include additional fees.
Legal Protections for Tenants
- Under the Mobile Home Park Act, landlords cannot raise utility rates above what is charged by the service provider, except for valid administrative costs.
- Parks are required to provide 30 days' written notice for any increase in utility rates or a change in billing method.
- You must be allowed to inspect utility bills or pro-rata calculations that determine your charges.
Practical Example: How Pass-Through Charges Might Work
If your site is not individually metered for water, and the park's total bill is $900 for a month, your landlord might divide costs among all lots. If there are 30 lots, your share would be $30 (or prorated by household size or lot size if stated in the lease).
What If You Disagree With a Utility Charge?
You can request to review the utility bill or the calculation method. Legally, the park owner must give you access to these records. If you find overcharges, or if the process is unclear or unfair, you have options for recourse.
If you suspect improper billing, always start by putting your request or concern in writing and keeping a copy for your records. Calm, documented communication matters—especially if you later need to file a complaint.
How to File a Utility Complaint
- Try to resolve the problem with your landlord first, in writing.
- If you cannot resolve the issue, you may submit a formal complaint to the New Mexico Consumer Protection Division or consult the New Mexico Attorney General’s Consumer Complaint portal.
- You can also bring the issue to the attention of the courts if you believe the Mobile Home Park Act has been violated.
Official Forms for Renters
- Consumer Complaint Form (No official form number): Use this to report unfair practices, including improper or unclear pass-through utility charges. Find the form here and submit online or by mail. For example, if your landlord isn't providing utility bill details, this form initiates a review by the Attorney General's office.
If your situation escalates, you may also consider taking action through the courts. Small claims actions or formal disputes related to mobile home park tenancies are typically handled at the New Mexico Magistrate Court.
Legislation and Tribunal Information
- The New Mexico Mobile Home Park Act governs these utility issues: see the act at Mobile Home Park Act.
- Disputes are generally resolved in New Mexico Magistrate Court, which handles landlord-tenant matters.
Frequently Asked Questions
- Can my landlord charge extra administrative fees on top of the actual utility cost?
New Mexico law allows only reasonable administrative costs to be added, but these must be disclosed in writing and cannot be excessive. - Do utility charges count as "rent" for late payment or eviction purposes?
Yes, unpaid utility charges can be treated as rent under New Mexico law, and nonpayment may lead to eviction proceedings. - How much notice must the landlord give before raising utility rates?
Your mobile home park must give you at least 30 days’ written notice before any utility rate increase or billing change. - What if I suspect my utility charges are being calculated incorrectly?
You can request copies of utility bills and the calculation method. If unsatisfied, file a written complaint with the landlord, then with the Consumer Protection Division if needed. - Where can I see the exact laws on these issues?
The Mobile Home Park Act details all tenant and park owner obligations about utilities.
Key Takeaways for New Mexico Mobile Home Park Tenants
- Parks in New Mexico can charge tenants for pass-through utilities, but charges must be fair, transparent, and in line with state law.
- You’re entitled to see how fees are calculated and to challenge charges you believe are unfair.
- If informal solutions fail, state resources and official complaint forms can help enforce your rights.
Understanding your protections can save you money and stress. Review your lease, track your charges, and speak up if you’re unsure about a fee or notice a sudden increase.
Need Help? Resources for Renters
- New Mexico Attorney General – Consumer Complaints: File a complaint about unfair or unclear utility bills or other landlord-tenant problems.
- New Mexico Magistrate Court—Landlord-Tenant Self-Help: Learn about your rights and the legal process for mobile home park disputes.
- Consumer Protection Division: Guidance and further complaint options for tenant issues.
- For emergency housing or advocacy, consider reaching out to nonprofit renter support groups listed on the New Mexico Judiciary Directory.
- See New Mexico Mobile Home Park Act for all statutes relevant to utility charges and tenant protections.
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