W. Va. Code §§ 37-15-1 to 37-15-10 § 37-15-7
Retaliatory conduct prohibited.
Operative Text
(a) Except as provided in this section, or as otherwise provided by law, a landlord may not retaliate by selectively increasing rent or decreasing services or by bringing or threatening to bring an action for possession after the landlord has knowledge that: (1) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health or safety; (2) the tenant has made a complaint to or filed a suit against the landlord for a violation of any provision of this article; (3) the tenant has organized or become a member of a tenant's organization; or (4) the tenant has testified in a court proceeding against the landlord. (b) Notwithstanding the provisions of subsection (a) of this section, a landlord may terminate the rental agreement pursuant to subsection (b), section six of this article unless the magistrate or circuit court finds that the reason for the termination was retaliation.
West Virginia Code § 37-15-7 prohibits landlords of mobile home, manufactured home, and modular home parks from taking retaliatory actions against tenants who exercise certain protected rights. Specifically, a landlord may not selectively raise rent, cut services, or pursue or threaten eviction in response to a tenant's housing complaint, lawsuit, union organizing, or court testimony against the landlord. A landlord may still terminate a rental agreement under the article's general termination procedures, but a court can void that termination if it finds the real motivation was retaliation.
Plain English — not legal advice.
Under § 37-15-7, compliant operators in West Virginia mobile home and manufactured home communities take care to document the independent, non-retaliatory business reasons behind any rent adjustment, service change, or termination action. Because a magistrate or circuit court can scrutinize the timing and circumstances of a termination, operators generally maintain records showing that decisions were made on neutral grounds unrelated to a tenant's protected activity. Keeping consistent policies applied uniformly across residents helps demonstrate that no selective treatment occurred.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 37-15-7 of the West Virginia Code gives mobile home and manufactured home tenants a legal shield against landlord retaliation for complaining to a government agency about health or safety code violations, filing a complaint or lawsuit under the article, joining a tenant organization, or testifying in court against the landlord. If a rent increase, service reduction, or eviction action follows one of those protected activities, a tenant may raise retaliation as a defense before a magistrate or circuit court under this provision. Tenant-rights organizations and legal aid offices familiar with West Virginia housing law can help explain what evidence is typically relevant to a retaliation claim under § 37-15-7.
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