West Virginia Mobile Home Park Lease Law: What Operators Need to Include

Required disclosures in West Virginia MHP leases

West Virginia's WV Code Chapter 37, Article 15A requires specific disclosures in every MHP lease. While the exact list varies by state, West Virginia typically requires disclosure of the operator's identity and contact information, the park rules incorporated by reference, the rent amount and due date, the utility billing structure, and the procedure for park rules changes. Missing any of these can render the lease unenforceable as to the missed provision.

Park rules are a particularly common source of West Virginia lease disputes. Operators who incorporate park rules by reference but don't attach a current copy of the rules to the lease often find themselves unable to enforce specific rules in court. Best practice: attach the current rules document, get it initialed by the resident, and keep both signed copies in the tenant file.

Lease term and renewal in West Virginia

Most West Virginia MHP leases are month-to-month, particularly for tenant-owned-home arrangements where the resident owns the structure and the operator's relationship is just with the dirt. Fixed-term leases of 6 to 12 months are common for park-owned-home and rent-to-own arrangements where the operator wants more rate-of-return certainty.

Lease renewal in West Virginia doesn't require a new lease unless the lease itself says so. Default behavior is automatic continuation on the same terms, with rent and other modifications introduced by separate written notice — typically the rent-increase notice provided 30 days before the change.

Clauses we recommend for every West Virginia MHP lease

• Lot identifier and home description
  Be specific — lot number, dimensions, current home make/model/serial. Disputes about which home is the lease subject can sink later evictions.
• Rent allocation
  Lot rent and (if POH) home rent listed separately. Important for tax treatment and for owner-statement clarity.
• Utility responsibilities
  Each utility named, with who pays it and how it's billed. Submetering vs. billback structures should be explicit.
• Park rules incorporation
  Reference the rules document by name and effective date. Attach a copy. Specify the operator's right to update rules with 30 days notice.
• Termination provisions
  Cite West Virginia's statutory notice periods. Include cure-and-default procedures that match WV Code Chapter 37, Article 15A.
• Right of entry
  Operator's right to enter the lot for maintenance with reasonable notice. Don't claim right to enter the home itself — courts have invalidated those provisions.
• Sale of home (TOH cases)
  Operator's right to approve incoming buyers as new lot residents. State the screening criteria that apply.
• Severability
  If any provision is held unenforceable, the rest of the lease survives.

Common mistakes in West Virginia MHP leases

Three patterns we see repeatedly in lease audits across West Virginia parks. First, operators copy apartment leases that include 'right to enter the unit at any time' — courts in many West Virginia jurisdictions have found this unenforceable for parks because the home is the resident's property. Second, operators include 'no painting walls or altering fixtures' clauses that don't apply to a tenant-owned home. Third, operators reference WV Code Chapter 37, Article 15A provisions that have been amended since the lease was last updated — leading to mismatched citations.

Fix all three by maintaining a West Virginia-specific lease template that's reviewed annually with counsel. Most West Virginia MHP attorneys offer a flat-fee annual review for $200 to $500; the cost is a fraction of the eventual cost of one bad lease.