W. Va. Code §§ 55-3B-1 to 55-3B-7 § 55-3B-5
Defenses available.
Operative Text
In a proceeding under the provisions of this article, a tenant against whom a petition has been brought may assert any and all defenses which might be raised in an action for ejectment or an action for unlawful detainer or provided by this article or article fifteen, chapter thirty-seven of this code.
West Virginia Code § 55-3B-5 preserves the full range of legal defenses for factory-built home site tenants facing eviction proceedings. A tenant who has had a petition filed against them under this article is not limited to a narrow set of responses; they may raise any defense that would be available in a traditional ejectment action, an unlawful detainer action, or under the specific protections of this article and related landlord-tenant statutes in Chapter 37, Article 15 of the West Virginia Code. This provision ensures that the specialized factory-built home site eviction process does not strip tenants of defenses they would otherwise have in general civil proceedings.
Plain English — not legal advice.
Operators of factory-built home site communities in West Virginia should be aware that § 55-3B-5 gives tenants a broad defensive toolkit when a removal petition is filed. A compliant operator generally ensures that any petition brought under this article is procedurally sound and substantively grounded, because tenants may challenge the action on any basis available under ejectment law, unlawful detainer law, or the protections of Chapter 37, Article 15. Thorough documentation of lease terms, notices, and the basis for the petition is a standard practice that supports a well-prepared proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 55-3B-5, a tenant at a factory-built home site who is facing a removal petition has the right to assert a wide array of defenses — not just those specific to this article, but also those available in ejectment and unlawful detainer actions, as well as protections found in West Virginia Code Chapter 37, Article 15. This means a tenant is not limited to a single type of response and may raise issues such as improper notice, retaliatory eviction, or other substantive grounds depending on the circumstances. Tenants facing such proceedings may benefit from contacting a tenant-rights organization or legal aid office to understand which defenses may be relevant to their situation.
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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