Eviction Protections for Mobile Home Owners in West Virginia

Eviction protections for mobile home owners in West Virginia can feel complex, especially if you’re worried about losing your home or facing unplanned moves. This article guides you through the current rights, protections, and steps you can take if your landlord seeks to evict you from a mobile home park in West Virginia.

Your Rights as a Mobile Home Owner in West Virginia

Mobile home owners who rent lots in mobile home parks have important protections under West Virginia state law. While every situation is unique, some basic principles apply throughout the state. The key law governing these protections is the West Virginia Manufactured Home Park Tenancy Act.^[1]

• Notice is required. Landlords cannot simply force a tenant to leave; they must follow notice requirements set by law.
• Landlords can only evict mobile home owners for certain legal reasons (called "grounds for eviction").
• You have a right to contest an unlawful eviction in court.

Eviction rules for renters in mobile home parks are somewhat different than for renters in apartments. Always check your written lease and keep copies of all documents and notices.

When Can a Mobile Home Owner Be Evicted?

According to the West Virginia Manufactured Home Park Tenancy Act, mobile home park landlords may begin eviction if any of the following occur:

• Nonpayment of rent
• Breach of lease terms, such as violating park rules
• Criminal activity on the premises
• The park is being closed or converted to a non-residential use (a longer notice period applies)

Most evictions require written notice before legal action can begin.

Required Notice Periods

• For nonpayment of rent or rule violations: 30 days’ written notice is required.
• If the park is closing: At least 180 days’ notice must be given.

The Eviction Process Step-by-Step

If your landlord starts the eviction process, these are the steps you can expect:

• The landlord gives you a written notice with the reason for eviction and the required time (30 or 180 days, depending on the reason).
• If you do not move out by the end of the notice period, the landlord must file an official eviction lawsuit in West Virginia Magistrate Court.
• You will receive a summons to appear in court. You have the right to present your side and any defenses.
• If the court approves the eviction, you may be ordered to leave. Only through a court order can you be lawfully removed.

Always attend your court hearing if you want to contest the eviction or need more time to move your mobile home.

Important Official Forms

• Summons and Complaint for Unlawful Detainer (Form SCA-M201): Used by landlords to start the eviction lawsuit if you do not leave after receiving notice. The form names you as the respondent and states the grounds for eviction.
  Example: If you have received a 30-day notice for nonpayment of rent and have not moved out, you may be served with this form.
  View the SCA-M201 Summons and Complaint for Unlawful Detainer form

These forms are filed with the West Virginia Magistrate Court in your county. You will receive a copy if your landlord files for eviction.

What Should You Do If You Receive an Eviction Notice?

Don’t panic. You have rights and may have options to delay, stop, or negotiate the eviction. Here’s what you can do:

• Read the eviction notice carefully and note the compliance or move-out date.
• Check if the notice gives the correct number of days (30 or 180 depending on the reason).
• Contact a legal aid service or housing resource for advice (see the resource list below).
• Respond to any court documents and appear in court if summoned.

For detailed legal rights, review the West Virginia Manufactured Home Park Tenancy Act or contact the West Virginia Magistrate Court.

FAQs About Mobile Home Eviction Protections in West Virginia

1. How much notice does my landlord have to give before evicting me?
   For most cases (such as nonpayment of rent or rule violations), your landlord must provide at least 30 days’ written notice. If the mobile home park is closing, you must get at least 180 days’ notice.
2. Can my landlord evict me without a court order?
   No, a landlord cannot remove you or your home without going through the court process and obtaining an official court order from the Magistrate Court.
3. What if I believe my eviction is unfair or retaliatory?
   You have the right to present your defense in court and may seek help from legal aid services. Retaliation for exercising your rights is not permitted under West Virginia law.
4. Do I have to move my mobile home if I am evicted?
   If the court orders an eviction, you or the home must be moved. If you are unable to do so, the landlord cannot remove or dispose of your home without a separate legal process.
5. Where can I find help if I cannot afford a lawyer?
   Contact West Virginia Legal Aid for free or low-cost legal advice or see the “Need Help? Resources for Renters” section below for more options.

Key Takeaways

• Evictions from mobile home parks in West Virginia require written notice and must follow specific legal procedures.
• Only a court order allows actual eviction from the property. Know your notice rights and attend any hearings.
• Support and legal resources are available if you need help responding to eviction notices.

Need Help? Resources for Renters

• West Virginia Magistrate Court Locations – Handles all eviction cases statewide.
• Legal Aid of West Virginia – Free legal support for qualifying renters and mobile home owners.
• West Virginia Department of Health & Human Resources – Assistance programs for housing and crisis support.
• Review the West Virginia Manufactured Home Park Tenancy Act for details of your rights and obligations.

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1. West Virginia Manufactured Home Park Tenancy Act, West Virginia Code Chapter 46A, Article 15.
2. Summons and Complaint for Unlawful Detainer (Form SCA-M201), West Virginia Magistrate Court.
3. West Virginia Magistrate Court Locations

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