Mobile home park fees in West Virginia

West Virginia's Mobile Home Parks act (W. Va. Code Chapter 37, Article 15) controls park fees: it bans undisclosed and entrance fees, limits recurring charges, and bars unearned commissions. The information below describes how the law generally works; anyone disputing a specific charge should consider consulting a licensed attorney in West Virginia.

What the statute says

Section 37-15-5(a) prohibits a landlord from demanding or collecting "any fee which is not listed in the rental agreement"; "an entrance fee for the privilege of renting or occupying a factory-built home site"; "a commission on the sale of a factory-built home ... unless the tenant expressly employs the landlord to perform a service in connection with the sale"; or "a fee for improvements or installations on the interior of a factory-built home, unless the tenant expressly employs the landlord." An invitee "has free access to the tenant's ... home site without charge" (§37-15-5(b)).

Section 37-15-3(d)(2) limits the recurring charges in the agreement to "fixed rent, utility charges or reasonable incidental charges for services or facilities supplied by the landlord," and §37-15-3(d)(3) bars any provision waiving the tenant's rights. The security deposit is governed by West Virginia's Residential Rental Security Deposits Act (W. Va. Code §37-6A), which requires an itemized statement and return of the balance within a statutory deadline.

How it works in general

A West Virginia park can't charge any fee that isn't written into the rental agreement, can't charge an entrance fee to move in, can't take a sale commission unless the resident hired it, and can't charge for interior improvements it wasn't hired to make. The recurring charges in the agreement are limited to rent, utilities, and reasonable incidental charges for services the landlord supplies. A security deposit is handled under West Virginia's general deposit law, which requires an itemized accounting and return of the balance within the statutory deadline.

Common scenarios

General examples West Virginia park residents commonly encounter:

• A fee appears that isn't in the agreement. The park can't collect a fee not listed in the rental agreement (§37-15-5(a)(1)).
• A park tries to charge a move-in "entrance fee." Barred (§37-15-5(a)(2)).
• A park demands a commission on a sale it didn't handle. Barred unless the resident hired it (§37-15-5(a)(3)).

Other authorities that may apply

The Mobile Home Parks act (§§37-15-3, 37-15-5) governs park fees; the deposit follows West Virginia's Residential Rental Security Deposits Act (§37-6A). The written agreement defines the disclosed charges. Federal law can apply in particular situations.