Does an Idaho rental agreement have to disclose which utilities are included in rent?

Yes. Idaho Code §55-2007(1)(b) requires the rental agreement to contain 'a description of the utilities and services which are included in the monthly rent.' Residents should be able to tell from the written agreement which services are covered by rent and which are billed separately.

Can a landlord pass along utility rate increases to residents?

Idaho Code §55-2006(5) permits escalation clauses in rental agreements that allow residents to share proportional increases or decreases in utility assessments included in rent. A clause of this kind requires 30 days' notice before taking effect. Whether a specific rental agreement contains such a clause depends on the agreement's terms.

What happens if a landlord fails to maintain utility service to the home?

Idaho Code §55-2014(1) permits a resident to bring a legal action against a landlord for 'failure to maintain in good working order, to the terminal point of service, electrical, water or sewer services.' Before filing, §55-2014(5) requires the resident to give the landlord 3 days' written notice. General damages are capped at $500 under §55-2014(4), but specific performance is also available.

Mobile home utilities in Idaho manufactured home communities

Q: What is a 'utility' under the Idaho Manufactured Home Residency Act?

Idaho Code §55-2003 defines 'utility' as a public utility providing electricity, natural gas, liquefied petroleum gas, cable television, sewer services, garbage collection, or water. 'Service charges' are defined as charges for electrical, gas, trash removal, sewage, water services, or combinations of those.

Idaho's Manufactured Home Residency Act (Idaho Code Title 55, Chapter 20) addresses utilities primarily through three mechanisms: mandatory disclosure in the rental agreement, landlord maintenance obligations that residents can enforce, and rules governing how utility cost changes can be passed through to residents. The description below covers how those provisions generally work; for a specific utility dispute or problem, consider consulting a licensed attorney in Idaho.

What the statute says

The starting point for utility disclosures is Idaho Code §55-2007(1)(b), which requires every rental agreement to contain:

A description of the utilities and services which are included in the monthly rent.

The definition of "utility" in §55-2003 covers:

a public utility providing electricity, natural gas, liquefied petroleum gas, cable television, sewer services, garbage collection, or water.

"Service charges" are defined in §55-2003 as charges for electrical, gas, trash removal, sewage, water services, or combinations thereof.

On maintenance, Idaho Code §55-2014(1) creates a cause of action for a resident when there is a:

failure to maintain in good working order, to the terminal point of service, electrical, water or sewer services.

The same section also covers premises conditions violating environmental, fire, or building codes, and material breaches of the rental agreement affecting health and safety.

On cost pass-throughs, §55-2006(5) permits escalation clauses:

permitting residents to share proportional increases/decreases in ad valorem taxes, utility assessments, or other services included in rent, with 30 days' notice required.

How it works in general

Idaho's approach separates disclosure, maintenance, and cost-sharing. The rental agreement must tell a resident what utilities are included in rent at the outset. The landlord has a statutory maintenance duty to keep utility service operational to the "terminal point of service" — the point where the community's service infrastructure meets the home. Separately, if the rental agreement contains a utility escalation clause permitted by §55-2006(5), cost increases tied to utility rate changes can be passed through with 30 days' notice (rather than the 90-day notice otherwise required for rent adjustments). Residents who experience a utility service failure may seek damages or specific performance in court under §55-2014, but must first give the landlord 3 days' written notice.

Common scenarios

General situations Idaho manufactured home community residents commonly encounter:

A rental agreement does not specify whether water is included in rent. Under §55-2007(1)(b), the agreement is required to describe the included utilities; absence of that information may be an issue under the written agreement.
A park bills utility charges separately from rent. Under §55-2003, service charges are defined as "other charges" separate from rent and must be specified in the rental agreement under §55-2007(1)(a).
Electricity service goes out to a section of the community due to a wiring problem in the park's system. Under §55-2014, a resident affected by a failure to maintain electrical service to the terminal point may have a statutory claim after providing 3 days' written notice.
A park announces a utility rate increase will be passed through to residents. Whether that is permitted depends on whether the rental agreement contains a §55-2006(5) escalation clause, and whether 30 days' notice was given.

Other authorities that may apply

Chapter 20 governs the community-resident relationship regarding utilities, but it is not the only authority. Public utility rates in Idaho are regulated by the Idaho Public Utilities Commission (IPUC) for investor-owned utilities, and those rates apply independently of the community's agreement. Federal HUD manufactured home installation standards (24 CFR 3280 and 3285) address utility connections and setup. Local building and fire codes may impose separate requirements on community utility infrastructure. The Manufactured Home Residency Act itself notes in §55-2004 that it does not abrogate any rights the resident has under state or federal law.