What to Do About Mold in a Mount Pleasant Home
Your family's health comes first.
- Get checked out by a doctor. Mention the leak and the growth at each visit, and finish any testing ordered.
- Stay out of the worst rooms. Ripping out drywall or crawling under the house for pictures isn't worth the exposure. Heavy growth or soaked framing is a job for a remediation professional.
- Photograph what you can safely see. Mold, stains, leaks, ceilings, walls and damaged belongings. Take new photos over time.
- Date everything. The first stain, the first musty smell, the first report and each response.
- Save the paper trail. Every text to the property manager, each work order and every reply.
- Gather the house records. The home inspection, any air or swab tests, roofer and plumber invoices, the builder's warranty and the closing file.
- Read before signing. Lease addendums, move-out agreements and releases can carry consequences.
Why Mold Shows Up in East Cooper Homes
Heat and humidity, roof and window leaks after storms, flooding and king tides, and water getting into new construction can all leave moisture behind walls and under floors, in older Old Village houses and new homes north of town alike.
When a Landlord May Be Responsible
South Carolina landlords have legal duties to make repairs and keep rental homes fit and habitable.2 If a landlord knows about a serious leak or water problem and doesn't fix it, the tenant may have remedies.3
Whether the landlord is responsible for an illness depends on the condition, notice, repairs, medical evidence and the law. Mold in a rental doesn't automatically mean the landlord caused an injury.1 Notice rules may apply before ending a lease, so get advice before moving out or holding back rent.3
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
How Long You Have
Most injury claims in South Carolina must be filed within three years.4 That's a deadline for filing in court, and an open insurance claim doesn't pause it.5 The three years generally start when you knew, or with reasonable diligence should have known, of a potentially actionable injury.6
When mold comes from defective construction, bad waterproofing or poorly installed systems, another limit matters. South Carolina generally sets an eight-year outer deadline for suits over defective or unsafe improvements to real property, counted from substantial completion, with some exceptions. That limit is separate from the usual one and can bar a claim even when the problem is found later.78
Claims against a state or local government agency have their own deadline, which can be shorter, and there could be caps on damages depending on the facts.9
The statewide page covers toxic mold claims. For gas, chemicals or carbon monoxide, see Mount Pleasant toxic exposure claims.
Talk With Us
We begin with the dates: the first stain, the first complaint, how it was made and what your doctors think. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including Mount Pleasant and the islands. Our office is on King Street in downtown Charleston.
We'd like to hear where the water came in, what was done about it and how everyone's health has been.
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
I told my landlord about the mold a long time ago. Have I waited too long?
Maybe, maybe not, so don't guess. The three-year period for injury claims generally starts when you knew, or reasonably should have known, of a potentially actionable injury.6 Talk with a lawyer soon.
We found mold behind the walls of a house we bought new north of town. What now?
Document it and keep your closing papers, warranties and any inspection reports. Claims over defective construction can be cut off by a separate outer time limit, no matter when the problem is found.8 That makes an early conversation with a lawyer worthwhile.
My landlord just painted over the mold. What should I do?
Photograph the areas, including mold that comes back through the paint, and keep your written repair requests and replies. Landlords must keep qualifying rentals fit and habitable.2 Tenants may have remedies when serious problems aren't fixed, and notice rules may apply before ending a lease.3 Talk to a lawyer before you stop paying or pack up.
Does mold in my home mean it made me sick?
Not necessarily. Damp houses are tied to certain breathing problems, yet the presence of mold alone doesn't establish that it caused your symptoms. A claim may need medical and other qualified evidence connecting the two.1
Can I start without coming downtown?
Yes. The first conversation can happen by phone. Our office is on King Street in Charleston if you'd like to meet later.
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.
