Pass-Through Utility Charges in West Virginia Mobile Home Parks

Managing utility costs is a key part of renting a mobile home in West Virginia. Many renters wonder if their park can charge them directly for utilities like water, electricity, gas, or sewer that the park itself receives and then bills to residents—a practice often called "pass-through utilities." Knowing your rights and what landlords can legally charge will help you budget and avoid surprises.

What Are Pass-Through Utilities?

"Pass-through utilities" refer to situations where the landlord or mobile home park owner purchases utilities in bulk from a service provider, then distributes the utility to individual lots or homes and charges each resident for their portion.

Can Parks Legally Charge Pass-Through Utilities in West Virginia?

Yes, mobile home park operators in West Virginia can charge tenants for utilities on a pass-through basis—but only under certain conditions. West Virginia law allows park owners to charge separately for utilities if it is clearly stated in your written lease agreement. The charges must reflect only your actual usage or an accurately allocated share according to park policies.

• Written Agreement Required: Your lease or rental agreement should clearly outline how and what you are billed for utilities.
• No Profiteering: The park cannot overcharge or make a profit on the utilities it passes through; you should only be billed for your usage or fair share plus any allowed administrative fees.
• Notice of Utility Rate Increases: Landlords must notify tenants in advance if utility rates change, following the same notice rules as rent increases.

For detailed legal protections on mobile home utilities, refer to West Virginia Manufactured Home Communities Regulation (§46A-15-1 et seq.) and the West Virginia Landlord-Tenant Act (§37-6).^1,2

What Should Your Lease Say?

Your lease agreement should specify:

• Which utilities are your responsibility and which are included in rent
• How utility costs are calculated (e.g., metered per lot, divided evenly, estimated)
• Payment methods and timelines
• Any administrative or service fees

If you notice unexpected charges, ask for a breakdown and compare with your lease terms. Landlords must be transparent about utility charges and allocation methods.

How Are Utilities Metered or Allocated?

Parks may use different methods to allocate utility costs:

• Individual meters for each lot or home
• Master meter for the park with costs divided according to size, occupancy, or usage

Regardless of method, you have a right to request a statement that shows how your portion was determined.

Relevant Forms and How to Use Them

• West Virginia Tenant Complaint Form
  When to use: If you suspect your landlord is violating utility billing laws, use this form to report the issue to the state.
  How to use: Complete the form with details and copies of your lease or bills, and submit to the West Virginia Attorney General's Consumer Protection Division. Get the official Tenant Complaint Form
• Request for Accounting or Written Explanation (no official form number)
  When to use: If you want to see a breakdown of your utility charges or allocation method.
  How to use: Write a letter asking your landlord for written documentation of how utility bills are calculated, referencing your right to transparency under state law. See guidelines at the West Virginia Manufactured Home Communities Act.

Which State Tribunal Handles Disputes?

If you have a dispute with your landlord about pass-through utilities or believe you are being charged illegally, the West Virginia Attorney General's Consumer Protection Division handles consumer and tenant complaints. There is no dedicated residential tenancy board, but this government office provides complaint resolution services for renters.

Key West Virginia Legislation

• West Virginia Manufactured Home Communities Regulation (§46A-15-1 et seq.)
• West Virginia Landlord-Tenant Act (§37-6)

These laws provide your essential rights regarding rent, eviction, and utility charges.

Frequently Asked Questions

1. Can a park raise my utility charges without telling me?
   No, your landlord must give advance written notice before any change in utility charges, following the same notice requirements as rent increases.
2. Are parks allowed to profit from utility charges?
   No. By law, your landlord can only charge you what it actually pays for the utility service plus documented administrative costs, not extra for profit.
3. What do I do if I think my charges are unfair or unclear?
   Request a written breakdown from your landlord. If issues persist, use the West Virginia Tenant Complaint Form or contact the Attorney General's office.
4. Can utility charges be included in my eviction process?
   Yes, unpaid utility charges may be considered unpaid rent. If you fall behind, your landlord may start the eviction process.

Key Takeaways for Renters

• West Virginia allows pass-through utility charges, but only if spelled out in your lease.
• Landlords cannot profit from utilities—they can only recover actual costs and allowed fees.
• Know your right to transparent, written accounting of how charges are calculated.

Understanding your rights helps you stay informed and reduces the risk of unexpected utility bills or disputes.

Need Help? Resources for Renters

• West Virginia Attorney General's Consumer Protection Division – Tenant complaint resolution and enforcement (includes forms and contact information)
• West Virginia Manufactured Home Communities Act – Read your legal rights and obligations
• West Virginia Landlord-Tenant Act – Tenant and landlord duties
• Tenant and Consumer Complaint Forms

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1. West Virginia Code §46A-15-1 et seq.
2. West Virginia Code §37-6 et seq.

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