Pass-Through Utility Charges in South Carolina Mobile Home Parks

Understanding your rights as a mobile home park resident in South Carolina is essential, especially when it comes to utility charges. Many renters wonder if mobile home park landlords can bill residents for utilities using a pass-through system. This article explains the rules, how South Carolina law treats these charges, and what steps you can take if you feel your rights have been violated.

What Are Pass-Through Utilities?

Pass-through utilities occur when the park owner receives a single utility bill (for water, sewer, electricity, etc.) and then charges each tenant a portion of that bill, rather than tenants setting up utility service directly in their own names. The landlord might either divide the costs equally, by usage, or by a different method stated in your lease agreement.

Can Mobile Home Parks Charge Pass-Through Utilities in South Carolina?

Yes, South Carolina law allows manufactured home park landlords to charge pass-through utilities under certain conditions. However, there are rules protecting tenants from unfair billing practices:

• The method of allocating utility charges must be clearly described in your written rental agreement.
• Park owners can only charge for utilities at the actual rate paid to the provider; they cannot mark up or profit from these utility charges.
• Landlords are required to provide you, upon request, a copy of the bill from the utility company to verify the charges.

These rules are found in the South Carolina Manufactured Home Park Tenancy Act.

Key Protections for Renters

• Your right to transparency: You can request proof of charges with each utility bill.
• The right to accurate billing: You cannot be charged more than the actual cost to the park owner.
• Clear written terms: Your rental or lease agreement must specify how utilities are calculated and billed.

Review your lease carefully, and don’t hesitate to ask the landlord for a breakdown of utility charges if you’re unsure how your share is determined.

What to Do if You Believe You’re Being Overcharged

If you suspect your landlord is marking up your utility charges or not following the rules as set out in your lease or the law, you have options:

• Request a copy of the utility bills and a detailed explanation of how your charges are calculated.
• Compare the rates charged to the utility provider’s rates, which are sometimes available online or by contacting the provider directly.
• If your concerns are not addressed, you may file a complaint with the South Carolina Department of Consumer Affairs and consider seeking legal help.

Official Forms: How to File a Complaint

• Form Name: Consumer Complaint Form (No form number)
• How It’s Used: Tenants can use this form to file a complaint if they feel their landlord is charging unlawful or excessive utility fees.
• File the Consumer Complaint Form online at South Carolina Department of Consumer Affairs

Example: If you believe your landlord overcharged you for water, fill out the Consumer Complaint Form and submit any supporting documents, such as bills and your lease agreement.

Which Board Handles Disputes?

Mobile home and manufactured housing tenancy disputes in South Carolina, including utility overcharges, are typically addressed in your local Magistrates Court. For more specialized tenant inquiries or reporting, the South Carolina Department of Consumer Affairs provides guidance and a channel for complaints.

Relevant Tenancy Legislation

• South Carolina Manufactured Home Park Tenancy Act (Title 27, Chapter 47)
• South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40)

Frequently Asked Questions

1. Can the park owner add fees to the utility costs in South Carolina?
   No, landlords can only charge tenants the actual amount they pay to the utility provider—no extra fees or surcharges are allowed.
   
2. Do I have a right to see the original utility bill?
   Yes, under the Manufactured Home Park Tenancy Act, you can request to see the utility bill in order to verify charges.
   
3. What should I do if my landlord refuses to show me the utility bill?
   Politely request the bill in writing. If they still refuse, file a complaint with the South Carolina Department of Consumer Affairs.
   
4. Who can help if I think I’m being overcharged for pass-through utilities?
   You can contact the Department of Consumer Affairs and, if needed, bring a claim before your local Magistrates Court.
   
5. Is it legal for the lease to require tenants to pay for utilities in addition to rent?
   Yes, as long as these charges and how they are calculated are clearly defined in your written lease.

Conclusion: Key Takeaways

• South Carolina law lets mobile home park owners charge for pass-through utilities, but only at the actual cost and with written disclosure.
• Tenants have the right to see utility bills and challenge charges that appear unfair or unexplained.
• Disputes can be addressed with the Department of Consumer Affairs or through Magistrates Court if needed.

Knowing your rights helps ensure transparency and fair treatment regarding utility billing in manufactured home parks.

Need Help? Resources for Renters

• South Carolina Department of Consumer Affairs – file complaints and get official advice
• Locate your local Magistrates Court for tenant-landlord hearings
• South Carolina Legal Services – free and low-cost legal help for qualifying renters
• South Carolina Manufactured Home Park Tenancy Act – official state law for reference

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1. South Carolina Manufactured Home Park Tenancy Act (Title 27, Chapter 47)
2. South Carolina Residential Landlord and Tenant Act
3. South Carolina Department of Consumer Affairs: File a Complaint
4. South Carolina Magistrates Court: Tenant-Landlord Disputes
5. South Carolina Legal Services

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