Mobile Home Evictions

By Gracie Davis – Deputy Executive Assistant at West Virginia Senior Legal Aid

*This article is about eviction laws on factory-built house sites/mobile home parks. Please see our other article for information on typical residential rental property.*

Eviction laws in West Virginia outline specific procedures and requirements for landlords and tenants to (1) protect both parties’ rights and (2) ensure the eviction process is proceeding fairly and legally. Navigating eviction laws can feel like trying to dance the Charleston in a minefield – one wrong step and BOOM! Whether you are a landlord wanting to reclaim your castle or a tenant clinging to your fortress, understanding state laws is key. From the conflict to the nerve-wracking notice to the courtroom drama, and even the exceptions, this article will break it down with no sweat!

There are 2 default lease terms: (1) 1-section factory-built homes and (2) 2-section factory-built homes. For 1-section factory-built homes, without specification, the lease will default to a month-to-month lease. For 2-section factory-built homes, without specification, the lease will default to a year-to-year lease. Written notice is required to be given to the other party even when the tenant is terminating the agreement. If there is no notice given, the lease will renew for the original term length automatically. W.Va. Code §55-3B-2.

The landlord of a 1-section factory-built home cannot evict without “good cause” for the first year. For a 2-section factory-built home, the landlord cannot evict without “good cause” for the first 5 years. That is unless it is specified in the agreement. W.Va. Code §55-3B-2. “Good cause” means the tenant did any of the following: (1) did not timely pay rent/fees, (2) broke major rules in the lease agreement, (3) broke minor rules in the lease agreement multitudinously, (4) purposely damaged the property themselves or allowed another to damage the property, (5) broke major promises (if there is no written agreement). W.Va. Code §55-3B-1.

The eviction process for wrongful occupation has 4 major steps. These steps are (1) filing the petition, (2) scheduling a hearing, (3) serving notice, and (4) filing the petition and proof of service.

First, the landlord files a petition with the court, which says the reason(s) for eviction, the tenant is the rightful owner/an authorized agent, and a brief description to identify the property. Second, the landlord sets a date for the hearing with the court within 5-10 days. Third, the landlord serves notice to the tenant, informing the tenant about the hearing date and their right to submit a written defense within the following 5 days. Fourth, the landlord files proof of notice and the petition with the court. W.Va. Code §55-3B-4. All parties must attend the hearing. W.Va. Code §55-3B-6.

If the hearing (or hearings if the tenant appeals) results in favor of the landlord, the landlord can take, sell, or remove the tenant’s remaining possessions without liability. To be able to do this, the landlord needs to give written notice to the tenant. The notice must state (1) that the possessions are considered abandoned and (2) a deadline to remove the possessions. If not removed, the possessions become the landlord’s property. However, if the abandoned possessions are valuable (over $300 value) and not removed within the deadline, the landlord stores them for 30 extra days if notified and paid by the tenant. W.Va. Code §55-3B-6.

A mobile home park landlord cannot evict more than 25 tenants within 18 months unless all tenants agree in writing to vacate, the landlord gives each tenant at least 6 months’ notice, or a tenant breaches the rental agreement in compliance with legal requirements. If the landlord violates this rule, tenants can sue for actual damages, relocation costs, and either triple damages or one year's rent (whichever is higher), along with reasonable attorney fees. W.Va. Code §37-15-6a; §55-3B-3.

In sum, West Virginia’s eviction laws aim to balance the rights of landlords to maintain their properties and ensure rent payments with the rights of tenants to have a safe and habitable living environment. Understanding these laws is crucial for landlords and tenants to navigate the eviction process legally and fairly. If you trust in the procedural process, help will come! Do not sweat it! If you have further questions, please get in touch with a licensed attorney. West Virginia Senior Legal Aid is dedicated to defending seniors' rights.