u/Southern-Bluejay709

Location: Kootenai County, Idaho (RV park lot rental)

TLDR: Landlord sent written notice (5-1-26) effective 6-1-26 with:

• Electricity: 12.5¢/kWh (utility offers 10¢ off-peak; he refuses smart meters "too much work")
• Water: $10/cubic meter = $0.0378/gal when his cost is ~0.5¢/gal (7.5x markup)
• Per-item lot fees: $50/month each for solar panels, structures, equipment
• Late fees: $10/day per day past due

No signed lease amendment. Just a unilateral notice.

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THE DOCUMENT (Attached Photo):

He provided a written "Notice of Rental Rates" signed by property manager Benjamin [last name], dated 5-1-26.

What the notice says:

Base Rent: $700/month (includes 4 lot items)

Electricity: $0.125/kWh

• Breakdown: 10.5¢ utility charge + 2¢ "Service Availability Charge" + "Peak Use Charge" = 12.5¢ total
• Actual utility off-peak rate in area: 10¢/kWh
• His excuse (paraphrased): "Smart meters too much work to install"

Water: $10.00/cubic meter

• Converts to ~$0.0378/gallon (~3.78¢/gal)
• His documented cost: He hauls from source 2 miles away at 50¢ per 100 gallons = 0.5¢/gal
• Markup: ~750%
• Listed as "metered usage" but I'm not sub-metered; it's a flat rate he charges

Lot Items: $50 additional fee per item, per month

• Definition in notice: "any RV, residence, vehicle, equipment, trailer, tent, structure, or shed, stored on the lot 7 days or longer"
• This applies to: solar panel fence, battery storage, any structures I add
• My lease says I "rent the lot to do with as I please"

Late Payment Fee: $10/day per calendar day past due

• Starts the day after invoice due date
• Continues daily until paid in full

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MY SITUATION:

• Renting here 18+ months at previous (lower) rates
• Employed and can afford increases, but this feels predatory and illegal
• No notice given before rates changed (just the written notice)
• No lease amendment signed (he just declared new rates)
• Lease language says utilities and lot use are part of the rental agreement
• Other tenants hint they're upset but afraid to challenge him

What I'm documenting:

• Photos of water hauling operation
• Electric bills showing local utility rates vs. his charges
• This written notice
• All previous billing statements
• Copies of lease agreement
• Communication attempts (or lack thereof)

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LEGAL QUESTIONS:

1. Electricity (12.5¢/kWh vs. 10¢ utility rate): Does Idaho Code 55-307 allow him to charge above the utility's actual rate? Can he add "Service Availability" and "Peak Use" fees without documenting his actual costs?

2. Water ($0.0378/gal vs. his 0.5¢/gal cost): Is a 7.5x markup legal under "actual cost" passthrough language in Idaho law? This seems like the clearest violation.

3. Per-item lot fees ($50/month for solar panels, structures): If my lease says I rent the lot "to do with as I please," can he unilaterally impose per-item fees without amending the lease? Is this a breach?

4. Late fees ($10/day): Is $10/day ($300+/month if truly late) an unreasonable/predatory late fee under Idaho law? Does this cross into illegal fee-stacking?

5. Unilateral rate changes: He sent a written notice but didn't get my signature on a lease amendment. Is this sufficient to change the rental agreement, or do I have grounds to reject it?

6. Next legal steps: Should I send a formal response, contact Idaho Legal Aid first, or file in small claims court? What's the strongest move?

7. Retaliation risk: If I dispute this, what protections do I have against eviction or other retaliation?

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ADDITIONAL CONTEXT:

• RV park (not traditional apartment, but Idaho residential tenancy law should still apply)
• This notice was given without prior negotiation or discussion
• He's the property manager/owner—no corporate buffer
• I have a solar setup I'm expanding (which is why the lot item fees hit me hard)
• The late fee is concerning because it incentivizes me not to pay anything if I'm going to be "late" anyway

EDIT 1: Someone asked about the late fee math—yes, $10/day compounds. If I'm 10 days late, that's $100 in late fees alone on top of rent. If I'm 30 days late, that's $300 in fees. On a $700 base rent, that's 43% additional cost for being one month late. Is that predatory?

EDIT 2: Yes, I have the written notice (photo attached). Yes, my lease is still the original (no amendments signed for these rate changes). No, I have not yet disputed this in writing—wanted advice first.

EDIT 3: The lot item definition is broad enough that he could charge me for the RV itself (that's covered in base rent) + my solar fence + battery bank + any storage structure = easily $150+/month in additional fees for equipment I own and need for my tenancy.