W. Va. Code §§ 55-3C-1 to 55-3C-6 § 55-3C-4
Criminal mischief; penalties.
Operative Text
(a) A person who unlawfully occupies a residential dwelling or commercial building consistent with this article and as a result of the unlawful occupation causes damage to the real property, its fixtures, or personal property of the owner in an amount less than $1,000 is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail for a term not to exceed one year or fined not to exceed $2,500, or both fined and confined. (b) A person who unlawfully occupies a residential dwelling or commercial building consistent with this article and as a result of the unlawful occupation causes damage to the real property, its fixtures, or personal property of the owner in an amount more than $1,000 in damages commits a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one nor more than 10 years, or in the discretion of the court be confined in jail not more than one year and fined not more than $2,500.
West Virginia Code § 55-3C-4, part of the Stop Squatters Act, establishes criminal penalties for unlawful occupants who damage property during an unauthorized occupation. If the damage is under $1,000, the offense is a misdemeanor carrying up to one year in jail and/or a fine up to $2,500. If the damage exceeds $1,000, the offense rises to a felony, punishable by one to ten years in prison, or at the court's discretion, up to one year in jail and a fine up to $2,500. The law applies to both residential dwellings and commercial buildings.
Plain English — not legal advice.
Under § 55-3C-4 of the West Virginia Stop Squatters Act, property owners who discover damage caused by an unlawful occupant have a legal framework that distinguishes between misdemeanor and felony-level harm based on the dollar threshold of $1,000. Compliant operators generally document all property damage thoroughly—through photographs, written assessments, and repair estimates—so that the extent of harm is clearly established when reporting to law enforcement. Maintaining records of the property's pre-occupation condition can support an accurate damage valuation under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
West Virginia Code § 55-3C-4 is directed at individuals who unlawfully occupy property, not at lawful tenants with a valid lease or rental agreement. If you believe you have a legitimate right to occupy a dwelling and are concerned about being mischaracterized under the Stop Squatters Act, tenant-rights organizations in West Virginia can help clarify how this provision applies to your situation. Understanding the distinction between lawful tenancy and unlawful occupation under this article is an important first step in knowing what protections may be available to you.
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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