W. Va. Code §§ 37-15-1 to 37-15-10 § 37-15-5
Demands and charges prohibited; access by tenant's invitee; purchases by factory-built home owner not restricted; exception; conditions of occupancy.
Operative Text
(a) A landlord may not demand or collect: (1) Any fee which is not listed in the rental agreement; (2) An entrance fee for the privilege of renting or occupying a factory-built home site; (3) A commission on the sale of a factory-built home located in the factory-built home rental community unless the tenant expressly employs the landlord to perform a service in connection with the sale, but employment of the landlord by the tenant may not be a condition or term of the initial sale or rental; or (4) A fee for improvements or installations on the interior of a factory-built home, unless the tenant expressly employs the landlord to perform a service in connection with such installation, improvement or sale. (b) An invitee of the tenant has free access to the tenant's factory-built home site without charge unless a court of competent jurisdiction has ordered otherwise. (c) A factory-built home owner may not be restricted in his or her choice of vendors from whom he or she may purchase his or her (i) factory-built home, except in connection with the initial renting of a newly constructed factory-built home site not previously rented to any other person, or (ii) goods and services. However, nothing in this article prohibits a landlord from prescribing reasonable requirements governing, as a condition of occupancy, the style, size or quality of the factory-built home, or other structures placed on the factory-built home site.
West Virginia Code § 37-15-5 limits what landlords in factory-built home rental communities can charge and restricts how they can control residents' choices. Landlords are barred from collecting fees not listed in the rental agreement, entrance fees, unauthorized commissions on home sales, or fees for interior improvements unless the tenant voluntarily hires the landlord for those services. Tenants' guests have the right to visit without being charged, and home owners generally cannot be forced to buy their home or goods and services from a specific vendor, though landlords may set reasonable standards for the style, size, or quality of homes and structures on the site.
Plain English — not legal advice.
Under § 37-15-5, compliant operators in West Virginia factory-built home communities ensure that every fee they collect is explicitly listed in the rental agreement and refrain from charging entrance fees or commissions on home sales unless the tenant has voluntarily engaged them for a specific service. Landlords generally do not restrict guests from accessing a tenant's site without a court order permitting such a restriction. While landlords may establish reasonable occupancy conditions related to the style, size, or quality of homes and structures placed on a site, they do not use vendor relationships or purchasing requirements as conditions of tenancy, except in the narrow circumstance of an initial rental of a newly constructed site.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 37-15-5 of the West Virginia Code gives factory-built home tenants and home owners several protections against unauthorized charges and restrictions. If a landlord demands a fee not in the rental agreement, charges an entrance fee, takes a commission on a home sale without being hired for that purpose, or restricts which vendors a home owner may use for goods and services, those actions may constitute a violation of this provision. Tenants who believe these protections have been violated can document the charges or restrictions, review their rental agreement for discrepancies, and consider reaching out to a tenant-rights organization or the West Virginia Attorney General's Consumer Protection Division for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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