South Dakota Rules on Pass-Through Utility Charges in Mobile Home Parks

If you rent a lot or mobile home in South Dakota, utility charges like water, sewer, or electricity are an important part of your monthly bill. Many renters wonder if mobile home park owners can legally charge residents for these utilities separately, known as “pass-through” utility charges. Understanding South Dakota law will help you protect your rights, avoid unfair charges, and take action if there’s a problem.

What Are Pass-Through Utility Charges?

Pass-through utility charges happen when mobile home parks or manufactured housing communities bill residents for utility costs that the landlord pays to the provider, instead of including them in rent. These may be:

• Directly metered charges (based on each unit's actual usage)
• Pro-rated or divided charges (split among all units if not individually metered)
• Flat fees set by the park (sometimes as “utility fees” or “administrative fees”)

Can South Dakota Mobile Home Parks Charge for Utilities Separately?

South Dakota law allows landlords, including mobile home park owners, to charge tenants separately for utilities. However, your lease or rental agreement must clearly state:

• Which utilities are not included in the base rent
• The method for calculating your charges (metered, pro-rated, flat fee, etc.)
• How and when these utility costs will be billed and due

Mobile home parks cannot charge you more than the actual cost the park is billed for by the utility provider unless your lease spells out administrative fees. Extra “mark-up” for profit is not legal unless clearly described and agreed to in writing.

All utility billing practices must comply with South Dakota Codified Laws Chapter 43-32: Landlord and Tenant ^[1].

Important: Review Your Lease Carefully

Your lease is the primary document that controls your utility responsibilities. If the lease says rent includes all utilities, the park cannot demand extra payment unless you agree in writing to a change. If the lease excludes utilities or lists them as “tenant’s responsibility,” make sure you receive clear, itemized bills for what you’re being charged.

What If I Disagree with My Utility Charges?

If you believe you have been overcharged or charged a utility fee not specified in your lease, you should:

• Request an itemized statement from your park manager or landlord
• Keep copies of your lease, all bills, and written communications
• Contact South Dakota's landlord-tenant complaint offices if issues aren't resolved

If you’re facing utility shut-off, unlawful charges, or retaliation after complaining, you may seek help through South Dakota's mediation programs or small claims court process. The main authority for tenant-landlord disputes, including utilities in mobile home parks, is the South Dakota Attorney General’s Consumer Protection Office.

Relevant Forms and How to Use Them

• Complaint Form (South Dakota Attorney General – Consumer Complaint Form):
  Use this form if you've attempted to resolve a utility billing dispute or overcharge with your landlord or park owner and haven’t succeeded. Fill out the Consumer Complaint Form online or print and mail. Example: You receive a bill for water marked up beyond the city-provided rate, not allowed by your lease, and the park refuses to adjust the charge.

There is not a specific "Mobile Home Park Tenant Complaint" form in South Dakota, so renters use the general consumer complaint process for landlord-tenant concerns.

Key Points: South Dakota Legislation and Mobile Home Park Utility Rights

• Utility billing must follow your lease and SD Landlord and Tenant Act.
• Written lease terms control whether and how utilities are charged.
• Parks can only charge for cost of service, plus any contract fees disclosed in lease.
• Disputes can go to the South Dakota Attorney General's Consumer Protection Office.

FAQ: Pass-Through Utilities in South Dakota Mobile Home Parks

1. Can my landlord add extra fees to pass-through utility charges?
   No, unless your lease agreement clearly states there are additional administrative fees, your landlord can only ask for reimbursement up to the amount they were billed by the provider.
2. What if my park refuses to show the actual utility bills?
   You have a right to request information about your charges. If the landlord won’t provide it, you can submit a complaint to the South Dakota Attorney General’s Consumer Protection Office.
3. Who do I contact to file an official complaint about unfair utility charges?
   File a complaint with the South Dakota Attorney General’s Consumer Protection Office using their online complaint form.
4. Do parks have to individually meter each mobile home for utilities?
   No, South Dakota law does not require individual meters. Pro-rata or flat-fee arrangements are allowed if specified in your lease.
5. Can I refuse to pay questionable utility charges?
   It’s best not to withhold rent or payment, as this can lead to eviction. Instead, pay under protest and start the complaint process.

Conclusion: What South Dakota Mobile Home Park Renters Should Know

• Your rights and responsibilities for utility charges are set out in your lease and state law.
• Landlords cannot charge you more for utilities than their actual costs (unless your lease says otherwise).
• If you have concerns, ask for itemized bills and use official complaint channels if necessary.

Being proactive keeps you informed and helps resolve problems quickly.

Need Help? Resources for Renters

• South Dakota Attorney General Consumer Protection Office – Handles landlord-tenant complaints and utility billing issues.
• South Dakota Consumer Complaint Online Form – File disputes about mobile home park issues or utility charges.
• South Dakota Department of Social Services – Utility Assistance – Help for those struggling with utility bills.
• HUD South Dakota Resources for Renters – Fair housing and tenant rights help.

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1. South Dakota Codified Laws Chapter 43-32: Landlord and Tenant
2. South Dakota Attorney General’s Consumer Protection Office
3. South Dakota Consumer Complaint Online Form

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