Dealing With Mold in a Johns Island Home
Your family's health comes first.
- See your doctors. Tell each one about the mold and water damage, and keep every follow-up and test. Call 911 if anyone has trouble breathing.
- Limit exposure. Don't tear into moldy materials or enter unsafe areas just to gather evidence. For heavy contamination, ask a qualified professional about safe inspection and cleanup.
- Photograph it over time. Mold, stains, leaks, ceilings, walls and damaged belongings. Repeat the same shots every couple of weeks.
- Keep a timeline. When water first came in, when you saw mold, whom you told and what they said.
- Keep the back-and-forth. Every text, email, portal ticket and letter about the roof, windows, AC or crawl space.
- Gather records. Inspection reports, test results, invoices, warranties and closing papers.
- Wait before signing. Get your questions answered first.
Island Weather and Damp Homes
Heat, humidity, heavy summer storms and standing water after hard rain are part of life on Johns Island. Older homes, new construction and rentals can all take on water through roofs, windows, crawl spaces and HVAC systems. Before any crew dries out walls or cuts drywall, photograph the damage and ask for copies of their reports.
When a Landlord May Be Responsible
South Carolina landlords have legal duties to keep rentals in a condition that meets health and safety requirements.2 When a landlord knows about a serious leak behind the mold and sits on it, a tenant may have remedies.3
Responsibility for an illness turns on the condition, what the landlord was told, what was fixed, the medical proof and the law. Mold in a rental does not by itself prove the landlord caused an injury.1 Notice rules may apply before a tenant ends a lease, so get advice before moving out or withholding rent.3
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Time Limits
Most South Carolina injury claims must be filed within three years.4 The limit is for a court filing, and an insurance claim or talks with a landlord do not pause it.5 The three years generally start when a person knew, or with reasonable diligence should have known, of a potentially actionable injury.6
Some mold traces back to defective construction, waterproofing or building systems. South Carolina generally sets an eight-year outer limit on suits over defective or unsafe improvements to real property, counted from substantial completion. Exceptions may apply. That limit is separate from the ordinary deadline and can bar a claim even when the problem was found later.78
Claims against a state or local government agency have their own, possibly shorter, deadline and may face damage caps.9 Don't count on a later start date. The statewide page covers toxic mold claims in South Carolina.
Talk With Us About What Happened
Give us the timeline: the first stain or musty smell, who you told and how, and what your doctors think. If you hire us, the insurers can usually deal with us.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Johns Island. The first conversation can happen by phone; have your lease or closing papers and a few photos handy if you can.
If carbon monoxide or a chemical brought you here, see Johns Island toxic exposure claims.
South Carolina Law on This
- A toxic exposure or mold claim generally requires more than showing that a substance was present. Depending on the legal theory, evidence may be needed on how exposure occurred, whether the substance can cause the type of injury involved, and whether it caused the particular person's illness. Exposure does not automatically establish that someone is legally responsible for a medical condition.1
- South Carolina's Residential Landlord and Tenant Act requires landlords to make repairs and keep rental homes fit and habitable. The Act generally does not cover short-term stays, such as vacation rentals, that are subject to the state's accommodations tax.2
- Under South Carolina's Residential Landlord and Tenant Act, tenants may have remedies when a landlord does not correct qualifying noncompliance, which depending on the circumstances may include actual damages, injunctive relief or ending the rental agreement. Specific notice requirements may apply before ending a lease.3
- Most personal injury claims in South Carolina must be filed within three years.4
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.5
- South Carolina's three-year limitations period for personal injury claims generally begins when a person knew or, through reasonable diligence, should have known that they had a potentially actionable injury. A person does not necessarily need to know the precise substance responsible, every defendant or the legal theory before the clock begins running.6
- South Carolina generally imposes an eight-year outer deadline on lawsuits arising from defective or unsafe improvements to real property, measured from substantial completion of the improvement. Exceptions may apply. This deadline is separate from the ordinary statute of limitations and may prevent some claims even when the problem was discovered later.7
- Claims against builders, contractors and designers over work on real property can be cut off by a fixed outer time limit that applies no matter when the problem is discovered.8
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.9
Frequently Asked Questions
We've lived with the mold for a long time. Is it too late?
We rent, and the landlord keeps painting over the mold. What should we do?
Photograph the spots before each coat and again when stains come back. Keep written repair requests and answers, and record ongoing leaks. South Carolina requires landlords to keep qualifying rentals fit and habitable.2 Tenants may have remedies when serious problems go unfixed, and notice rules may apply before ending a lease.3 Ask a lawyer before you break the lease or stop paying rent.
If there's mold in the house, does that mean it made me sick?
Not necessarily. Mold and damp conditions can be linked to breathing problems and other symptoms, but finding mold doesn't prove it caused someone's illness. Medical history, symptoms, home conditions and other causes may all matter, and a claim may need medical and other qualified evidence tying the illness to the exposure.1
Do I need a doctor to connect the mold to my illness before I call?
No. Calling while the doctors are still working it out is fine. Tell your doctor about the mold and water damage, and keep records of the leak, repairs and messages.
Sources
- General South Carolina toxic tort causation principles (Sean Hall, Nov 5 review)
- S.C. Code §§ 27-40-440 and 27-40-120(4)
- S.C. Code § 27-40-610
- S.C. Code § 15-3-530
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code § 15-3-535
- S.C. Code §§ 15-3-640 and 15-3-670
- S.C. Code § 15-3-640
- S.C. Code §§ 15-78-110 and 15-78-120
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
