W. Va. Code §§ 55-3C-1 to 55-3C-6 § 55-3C-5
Making false statement to detain real property; false complaint; civil causes of action; immunity.
Operative Text
(a) A property owner or their authorized agent who knowingly submits a complaint pursuant to this article in bad faith is subject to criminal prosecution for false swearing, and shall indemnify the law-enforcement agency and its agents for all costs and damages which may arise from a law-enforcement officer’s good faith actions pursuant to this article. (b) A civil cause of action for wrongful removal may be brought by a person who has been removed from a property pursuant to this article, with remedies including restoration of possession, actual costs, damages, and attorney fees. (c) In a civil action against a law-enforcement officer or law-enforcement agency based on action taken pursuant to this article, any immunity authorized by this code or other applicable authority may be asserted.
West Virginia Code § 55-3C-5 establishes a two-way accountability framework under the Stop Squatters Act. A property owner or agent who knowingly files a bad-faith complaint under this article faces criminal exposure for false swearing and must cover any costs and damages incurred by law enforcement acting in good faith on that complaint. Separately, a person who is wrongfully removed from a property under this article may bring a civil lawsuit seeking return of possession, actual costs, damages, and attorney fees, while law-enforcement officers and agencies retain the ability to assert applicable immunities in any civil action arising from their conduct under this article.
Plain English — not legal advice.
Under § 55-3C-5 of the West Virginia Stop Squatters Act, compliant property owners and their authorized agents ensure that any complaint filed under this article is truthful, accurate, and submitted in good faith. Operators who knowingly submit false or bad-faith complaints expose themselves to criminal prosecution for false swearing and bear personal financial responsibility for indemnifying law enforcement against resulting costs and damages. Maintaining thorough documentation of the basis for any complaint is a practice generally associated with good-faith compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 55-3C-5 of the West Virginia Stop Squatters Act provides a civil remedy for individuals who believe they have been wrongfully removed from a property under this article. A person in that situation may bring a civil cause of action seeking restoration of possession, actual costs, damages, and attorney fees. Tenant-rights organizations and legal aid offices familiar with West Virginia housing law can help someone understand whether the circumstances of a removal might support a claim under this provision.
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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