W. Va. Code §§ 55-3B-1 to 55-3B-7 § 55-3B-2
Tenancy of factory-built home site.
Operative Text
(a) The tenancy of the site of a factory-built home that is comprised of one section and that is not subject to a written agreement is from month to month. The tenancy of the site of a factory-built home that is comprised of two or more sections that is not subject to a written agreement is from year to year. (b) The tenancy of a factory-built home site that has placed on it a factory-built home that is comprised of one section, other than a camping or travel trailer, may not be terminated by the landlord until twelve months after the tenancy began except for good cause. The tenancy of a factory-built home site that has placed on it a factory-built home that is comprised of two or more sections may not be terminated by the landlord until five years after the tenancy began except for good cause. A written agreement may provide that the tenant may not terminate the tenancy for the same or greater periods of time. A written agreement may provide that the landlord may not terminate the tenancy for greater periods of time. (c) For a month-to-month or year-to-year tenancy or a tenancy that is created by a written agreement for a definite period of time, the tenancy does not terminate at the end of the month, year or stated period of time unless either party gives timely notice as required in section three of this article. If no notice is given and if no new agreement is made, the tenancy of a factory-built home site that is comprised of one section becomes a month-to-month tenancy and the tenancy of a factory-built home that is comprised of two or more sections becomes a year-to-year tenancy.
West Virginia Code § 55-3B-2 establishes default tenancy terms for factory-built home sites based on the home's size: a single-section home without a written lease creates a month-to-month tenancy, while a multi-section home creates a year-to-year tenancy. Landlords are restricted from terminating a single-section site tenancy for at least twelve months, and a multi-section site tenancy for at least five years, unless good cause exists. If neither party provides the required notice at the end of a tenancy period and no new agreement is reached, the tenancy automatically rolls over into the applicable default term rather than ending.
Plain English — not legal advice.
Under § 55-3B-2, operators of factory-built home site communities generally track whether each home is a single-section or multi-section unit, since this determines the default tenancy type and the minimum period before termination is permitted without good cause — twelve months for single-section sites and five years for multi-section sites. Compliant operators ensure that timely notice, as required by § 55-3B-3, is delivered before the end of any tenancy period to avoid an automatic rollover into a new month-to-month or year-to-year term. Written agreements can extend the minimum termination periods beyond the statutory defaults, so operators typically review lease terms carefully to understand any additional obligations they have assumed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 55-3B-2 provides meaningful stability protections for factory-built home site tenants in West Virginia: if your home is a single section, your landlord generally cannot end your tenancy within the first twelve months without good cause, and if it is a multi-section home, that protection extends to five years. If your tenancy period ends without either party giving proper notice under § 55-3B-3, the law automatically continues your tenancy on a rolling basis rather than treating it as expired. Tenants who believe a termination may not comply with these requirements can explore options such as raising the statutory protections as a defense in any eviction proceeding or consulting a tenant-rights organization familiar with West Virginia housing law.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation