Q: Can the park start billing residents for utilities that were previously included in the rent?
A: If the residents’ rental agreement provides that sewer, water and garbage are included in the rent, the park management may elect to itemize or charge separately for these utilities. (Civil Code §798.41) In this case, the average monthly amount of the utility charges shall be deducted from the rent. If the rental agreement does not specifically indicate that utility charges are included in the rent, then the park owner could charge for them after complying with the 60-day written notice requirement. (Civil Code §798.32)
Recap:
- If the lease or rental agreement stipulates separate charges, then the resident must pay accordingly.
- If it is not stipulated in the lease or rental agreement, then the park must give a 60-day advance written notice of an itemized billing.
