W. Va. Code §§ 55-3B-1 to 55-3B-7 § 55-3B-7

Waiver.

In Force
Verified 10/26/2026 · Next check 10/27/2026
West VirginiaProhibited Clauses

Operative Text

W. Va. Code §§ 55-3B-1 to 55-3B-7 § 55-3B-7
A tenant's rights under this article may not be waived by agreement.
Source: Legislative text reproduced verbatim
Plain English

West Virginia Code § 55-3B-7 establishes that the protections granted to tenants under Article 3B — which governs remedies for wrongful occupation of factory-built home sites — cannot be signed away or surrendered through any contractual agreement. This means that even if a lease or other document purports to have a tenant give up these rights, that waiver has no legal effect. The rule preserves the article's protections regardless of what any private agreement says.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under § 55-3B-7, operators of factory-built home site communities in West Virginia cannot include lease clauses or other contractual provisions that ask tenants to waive their Article 3B rights. A compliant operator generally reviews lease agreements to ensure no such waiver language appears, since any such clause would be unenforceable as a matter of law. Attempting to rely on a purported waiver in a dispute would not provide a valid defense under this article.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 55-3B-7 means that any lease clause or agreement you may have signed that purports to waive your rights under West Virginia's Article 3B remedies for wrongful occupation of factory-built home sites is not legally binding. If a landlord attempts to enforce such a waiver or argues that you gave up these protections, that argument has no standing under this provision. Tenants who believe their Article 3B rights are being denied despite this protection may consider contacting a tenant-rights organization or consulting with a legal aid office 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

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References Out

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References In

Rules and statutes that cite this regulation

W. Va. Code § 55-3B-3
W. Va. Code § 55-3B-2
W. Va. Code § 55-3B-3
W. Va. Code § 55-3B-1

Related Rules

§ 28
Waivers of Secs. 23 to 27 void and unenforceable
§ 966.6
§ 966.6 Prohibited lease provisions.
§ 12
Stay of proceedings; validity of waiver in lease

Source Information

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Fetched:Oct 26, 2026, 02:21 PM UTC