Virginia Rules on Pass-Through Utility Charges in Mobile Home Parks

Understanding your rights regarding utility charges is important as a resident of a Virginia mobile home park. Many renters have questions about whether parks can charge pass-through utilities—where the landlord bills tenants for utilities based on their actual use or a shared formula. This guide explains the rules for pass-through utilities in Virginia, what landlords must disclose, and how you can take action if you believe your charges are unfair or incorrect.

What Are Pass-Through Utilities?

Pass-through utilities are charges for services like water, sewer, gas, or electricity that the park owner pays up front and then bills to individual tenants, often based on usage or allocation. In Virginia, the law allows mobile home park landlords to bill these utilities separately from rent, but strict rules apply.

Virginia Law on Utility Charges in Mobile Home Parks

The Virginia Manufactured Home Lot Rental Act (MHLRA) governs rental agreements and utility charges in mobile home parks. It outlines how landlords can charge for utilities and what information they must provide to renters.

Can Park Owners Charge Pass-Through Utilities?

• Disclosure Requirement: Landlords must disclose in the rental agreement how utility charges are calculated. For example, whether you pay for your exact usage (submetered), by a set formula, or a flat fee.^[1]
• Submetering: If the park uses submetering (where each home has its own meter), you may be billed for your personal usage.
• Ratio Utility Billing System (RUBS): If utilities are allocated based on a ratio or formula, the method must be explained in your rental agreement.
• No Surcharges: Landlords can only charge tenants what the actual utility provider charges them; they may not add surcharges or mark-ups.^[1]
• Access to Records: Renters can request to see utility bills and calculations at reasonable times for verification.

It's important to review your rental agreement and ask for clarification if you are unsure how you are being billed.

How Are Disputes or Overcharges Handled?

• If you believe you are being overcharged or your utility billing method is unclear, you can ask the landlord for a copy of the utility bill and the calculation used.
• Virginia law gives tenants the right to challenge unclear, unfair, or unlawful charges through the appropriate legal channels.
• The Virginia General District Court is the official body dealing with landlord-tenant disputes, including utility billing issues.

Utilities must not be used to supplement rent or as a penalty. If you have concerns, you should act quickly to protect your rights.

Official Forms for Utility Complaints

• Request for Inspection (Form DC-421): Use this form if you believe there are health or safety code violations related to utility shut-off or improper billing. Submit to your local magistrate’s office.
  Example: If your water has been shut off due to a dispute over charges and you believe this violates your rights, complete the form and file it with the court. Get the Request for Inspection Form
• Summons for Unlawful Detainer (Form DC-421): If your landlord seeks eviction related to utility nonpayment, you’ll be notified via this form. Respond by attending your court date and gathering any utility billing records.
  Learn more about this process at the Virginia General District Court tenant rights page.

What to Do If You Think You’re Being Overcharged

• Review your lease or rental agreement for details on utility billing.
• Politely request copies of recent utility bills and calculation methods from your landlord.
• If concerns remain, write a dated letter or email asking for clarification or correction.
• If unresolved, consider filing a formal complaint or seeking help from tenant assistance organizations.

If you are unsure whether your landlord’s billing practices comply with the law, seek advice from local tenant resources or consult the Virginia Department of Housing and Community Development.

Frequently Asked Questions: Pass-Through Utilities in Virginia

1. Can my mobile home park charge me for utilities separately from rent?
   Yes. Virginia law allows park owners to separately bill tenants for utilities such as water, sewer, or electricity, as long as the charges are clearly explained in your rental agreement and are not more than the actual cost charged by the utility provider.
2. What can I do if I think my utility charges are too high or unfair?
   You should request documentation of your charges from your landlord. If your concerns are not resolved, you can document the issue and file a complaint with the General District Court or consult state tenant resources.
3. Does the park owner have to show me the utility bill?
   Yes. By law, tenants have the right to request and receive copies of the utility bills and calculations used for their charges.
4. Who oversees residential tenancy disputes regarding utilities in Virginia?
   The Virginia General District Court is the tribunal that handles residential tenancy disputes, including those related to utilities.
5. Where can I get forms for filing a complaint about utilities?
   Official forms, including the Request for Inspection (DC-421), are available from the Virginia Court System’s website. Always use current government forms for legal matters.

Conclusion: Key Takeaways on Virginia Mobile Home Utility Charges

• Virginia law permits mobile home parks to charge pass-through utilities, but they must fully disclose calculation methods and not exceed actual costs.
• Tenants have the right to request utility bill records and contest any unfair charges.
• If a dispute cannot be resolved, the Virginia General District Court can review your case, and official complaint forms are available online.

By understanding your rights and keeping detailed records, you can help ensure fair treatment regarding utility charges in your mobile home park.

Need Help? Resources for Renters

• Virginia Department of Housing and Community Development – Guidance and support for renters
• Virginia Office of the Attorney General: Tenant Rights – Official legal advice and complaint process
• Virginia General District Court: Tenant Rights – Information on filing a claim or resolving disputes
• For help completing forms or understanding your rights, contact the Legal Aid office in your region via the Virginia Legal Aid Directory.

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1. Virginia Manufactured Home Lot Rental Act, Virginia Code Title 55.1, Chapter 13

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