Pass-Through Utility Charges in North Dakota Mobile Home Parks

If you rent a mobile home lot in North Dakota, understanding how utility charges work can help you budget and avoid disputes with the park management. In North Dakota, it's common for mobile home parks to provide utilities like water, sewer, electricity, or gas to residents. Some parks charge residents directly for what they use ("pass-through" utilities), while others include these costs in the rent. Let's look at how North Dakota law treats pass-through utility charges, your rights as a tenant, and steps you can take if you have concerns.

What Are Pass-Through Utilities?

"Pass-through utilities" means the landlord or park owner charges renters separately for the actual utility costs, rather than bundling them into your rent. The charges are typically based on the amount you use, tracked by a meter or divided among residents.

Are Pass-Through Utility Charges Allowed in North Dakota?

In North Dakota, landlords—including the owners of licensed mobile home parks—may charge tenants for utilities as long as this practice is clearly stated in your written rental agreement or lease. State law allows for separate billing of utilities, but there are important rules landlords must follow.

• Written Notice: Your rental agreement must explain which utilities you are responsible to pay directly or as a pass-through charge.
• Billing Must Be Transparent: Charges must accurately reflect your actual use, either by submetering or clear allocation outlined in your agreement.
• No Overcharging: Landlords are not permitted to profit from the resale of utilities—they can only pass along the costs they are billed for by the utility company.
• Reasonable Access: You have the right to review records or bills showing how charges were calculated.

These requirements are set out in the North Dakota Century Code, Chapter 47-32: Mobile Home Parks and Chapter 47-16: Landlord and Tenant legislation.¹

Key Takeaway for Renters

How Are Utility Charges Calculated in Mobile Home Parks?

The law does not require individual meters for each mobile home. However, if utilities are divided among tenants without separate meters (also known as "ratio billing"), the system for apportioning charges must be fair and disclosed upfront.

• If your home has a separate meter: You should only be billed for your own usage.
• If there are shared meters: The method of splitting charges must be explained in your rental agreement and applied equally to all affected residents.

What Can You Do if You Disagree with Utility Charges?

If you believe you have been overcharged or if the bills are unclear, there are steps you can take:

• Request Documentation: Ask your landlord for copies of original utility bills and how your share was calculated.
• Contact the North Dakota Office of Administrative Hearings: This official tribunal handles certain landlord/tenant disputes including disagreements over rental payments and charges. See its official page for more details.²
• Refer to Your Lease: Double-check the lease for what it says on pass-through or separately charged utilities.

Filing a Complaint About Utility Charges

If discussions with your landlord do not resolve your concerns, you may be able to file a complaint. While North Dakota does not have a specific form just for utility overcharges in mobile home parks, tenants may use the general Complaint Form (Attorney General's Consumer Complaint Form) to report unfair billing practices.³

• When to Use: File this form if you believe your utility charges violate your lease or state law.
• How to Use: Complete and submit the online form, providing details and any supporting documentation. The Attorney General's office may investigate or refer your case.

Relevant North Dakota Laws and Agencies

• ND Century Code Chapter 47-32: Mobile Home Parks
• ND Century Code Chapter 47-16: Landlord and Tenant
• Office of Administrative Hearings: Handles landlord-tenant dispute resolution

FAQ: Mobile Home Park Utility Charges in North Dakota

1. Can my landlord charge me for utilities separately from rent?
   Yes, as long as it is clearly outlined in your written lease or rental agreement. The amount charged should match your actual use or a fair formula.
2. Are mobile home parks required to have individual utility meters?
   No, but if meters are not present, your landlord must explain how your share of utilities is determined in the lease.
3. What if my landlord won't show me the utility bills?
   You have the right to request and review records or statements showing how your charges are calculated. If denied, consider filing a complaint.
4. Who handles rental disputes in North Dakota?
   The Office of Administrative Hearings is responsible for many landlord-tenant disputes, including those about charges or payments.
5. How do I file a complaint about utility overcharges?
   Use the Attorney General's Consumer Complaint Form with your supporting documents.

Key Takeaways for North Dakota Renters

• Mobile home parks can charge pass-through utilities only if stated in your signed lease.
• Your share must be fair, transparent, and reflect true costs—never more than the park pays the utility company.
• If you have a dispute, request full billing documentation and contact the Office of Administrative Hearings or use the Attorney General's form as needed.

Always review your lease and keep records of all charges and communications for your protection.

Need Help? Resources for Renters

• North Dakota Office of Administrative Hearings – For formal dispute resolution
• ND Attorney General's Office: Consumer Complaint Form – To report unfair practice or overbilling
• North Dakota Low Income Home Energy Assistance Program (LIHEAP) – For help paying utility bills
• ND Century Code – Mobile Home Parks

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1. NDCC Ch. 47-32: Mobile Home Parks and Ch. 47-16: Landlord and Tenant
2. North Dakota Office of Administrative Hearings
3. ND Attorney General: Consumer Complaint Form

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