W. Va. Code §§ 55-3B-1 to 55-3B-7 § 55-3B-4
Petition for summary relief for wrongful occupation of residential rental property.
Operative Text
(a) A person desiring to remove a tenant and factory-built home from a factory-built home site may apply for such relief to the magistrate court or the circuit court of the county in which such property is located, by verified petition, setting forth the following: (1) That he is the owner or agent of the owner and as such has a right to evict the tenant and have the factory-built home of the tenant removed; (2) A brief description of the factory-built home site sufficient to identify it; (3) That the tenant is wrongfully occupying such property in that the tenant is: (A) Holding over after having been given proper notice of termination of tenancy, whether or not the tenant has continued to pay and the landlord has accepted rent; or (B) The landlord has good cause; and (4) A prayer for eviction of the tenant and removal of the tenant's factory-built home. (b) Previous to the filing of the petition the person shall request from the court the time and place at which the petitioner shall be heard. The court shall fix a time for such hearing, which time shall not be less than five nor more than ten judicial days following such request. (c) Immediately upon being apprised of the time and place for hearing the petitioner shall cause a notice of the same to be served upon the tenant in accordance with the provisions of rule 4 of the West Virginia rules of civil procedure or by certified mail, return receipt requested. Such notice shall inform the tenant that any defense to the petition must be submitted in writing to the petitioner within five days of the receipt by the tenant of the notice and in no case later than the fifth day next preceding the date of hearing. Upon receipt of the return of service or the return receipt as the case may be, evidencing service upon the tenant, the petitioner shall file with the court his petition and such proof of service.
West Virginia Code § 55-3B-4 establishes a summary court procedure that allows a factory-built home site owner or their agent to seek the eviction of a tenant and removal of the tenant's factory-built home through either magistrate or circuit court. The petition must include specific information about the site, the basis for removal (such as holding over after a termination notice or other good cause), and a formal request for eviction. Once a hearing date is set — no fewer than five and no more than ten judicial days after the request — the tenant must be formally served and given the opportunity to submit a written defense within five days of receiving notice, but no later than five days before the hearing.
Plain English — not legal advice.
Under § 55-3B-4, a compliant owner or agent initiates the process by requesting a hearing date from the appropriate county court before filing any petition. The verified petition itself must clearly identify the factory-built home site, state the legal basis for removal (such as a properly noticed termination of tenancy or documented good cause), and include a formal prayer for eviction and home removal. Operators generally ensure that service on the tenant — whether by civil procedure Rule 4 methods or certified mail with return receipt — is completed promptly, and that proof of service is filed with the court along with the petition.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 55-3B-4 gives tenants the right to respond to an eviction petition for a factory-built home site by submitting a written defense, which must be delivered to the petitioner within five days of receiving the hearing notice and no later than five days before the scheduled hearing date. The provision applies even in situations where a tenant has continued paying rent and the landlord has accepted it, so continued payment alone does not necessarily resolve a pending petition. Tenants who receive such a notice may benefit from contacting a local tenant-rights organization or legal aid office to understand the available defenses and procedural options 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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