Protecting Your Family First
Health comes before paperwork. Mention the damp walls and the musty smell at every appointment, and go to each test you're sent for. Don't disturb moldy materials or crawl into unsafe spaces to gather proof; ask a qualified professional about safe inspection and cleanup.
Then document what you can safely see: mold, stains, ceilings, walls and ruined belongings, with new photos over time. Write a timeline of when the water or mold first appeared, when you reported it and what you were told. Save every text, email, portal screenshot and repair request, plus inspection reports, invoices, warranties and closing papers. Many people get their questions answered before signing anything.
Mold on the Grand Strand
Humidity, summer storms, hurricanes and river flooding in Conway and Socastee all put water where it doesn't belong. New homes in Carolina Forest, Longs and other fast-growing areas can have roof, window or waterproofing problems, and older condos near the beach can hide leaks for years.
Landlords and Rental Homes
South Carolina's landlord-tenant law requires landlords to make repairs and keep rental homes fit and habitable.2 When a landlord doesn't fix qualifying problems, tenants may have remedies such as damages, a court order or ending the lease, and specific notice rules may apply.3 Whether a landlord is responsible for an illness depends on the condition, notice, repairs and medical evidence.1
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Filing Limits
Most South Carolina injury claims must be filed within three years.4 The limit is for filing in court, and an insurance claim won't pause it.5 The period generally starts when you knew, or through reasonable diligence should have known, about a potentially actionable injury.6
When mold comes from faulty construction or waterproofing, South Carolina generally sets an eight-year outer deadline measured from substantial completion of the work, with some exceptions. That limit is separate from the usual one and can bar a claim even if the problem shows up later.78 Claims against a state or local government agency have their own, possibly shorter, deadline and may face damage caps.9
You can read more about mold claims across South Carolina.
Talk With Us
Tell us how it unfolded, from the first brown spot on the ceiling to the last call you made to the owner. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including Myrtle Beach and the Grand Strand. Our office is on King Street in Charleston. The first conversation can happen by phone.
For carbon monoxide or chemical fumes, see toxic exposure in Myrtle Beach. If you were told it wasn't a case, tell us about the leak and the repairs.
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 had mold for a long time. Is it too late?
The landlord just painted over it. What should I do?
Photograph the walls, including stains that come back. Keep repair requests and replies, and document ongoing leaks. Tenants may have remedies when serious problems aren't fixed, and notice rules may apply before ending a lease.3 Packing up early or keeping the rent check can backfire, so get advice before doing either.
Does mold in my house mean it made me sick?
Not necessarily. Damp, moldy rooms can be linked to breathing problems, but mold being present doesn't prove it caused a particular illness. Connecting the two usually takes a doctor's opinion and other qualified proof.1
We were in a vacation rental with mold. Does the landlord-tenant law apply?
Generally not. South Carolina's Residential Landlord and Tenant Act generally doesn't cover short-term stays, such as vacation rentals, that are subject to the accommodations tax.2 Other claims may still exist, depending on the facts.
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.
