If Mold Is Growing in Your Spartanburg County Home
Your family's health comes ahead of paperwork.
- Medical visits. Your family doctor needs to hear about the damp and the mold. Go to every test they order.
- Limit exposure. Don't tear into moldy drywall or crawl into unsafe spaces to gather proof. Big patches behind baseboards or under sinks are a job for a remediation company, not a weekend project.
- Photograph what's visible. Mold, stains, drips, ceilings, walls and ruined belongings, with fresh photos every few weeks to show change.
- Dates on paper. First drip, first black spot, first complaint and each answer you got.
- Keep every message. Texts, emails, maintenance tickets, tenant portal screenshots and letters.
- Keep inspection and repair papers. Reports, test results, invoices, warranties and, for a home you bought, the closing documents.
- Don't sign anything quickly. Get your questions answered first.
When a Landlord May Be Responsible
South Carolina's Residential Landlord and Tenant Act requires landlords to make repairs and keep rental homes fit and habitable.2 Under the Act, tenants may have remedies when a landlord does not correct qualifying noncompliance, which can include actual damages, injunctive relief or ending the rental agreement.3
Whether a landlord answers for an illness turns on the condition, notice, repairs, medical proof and the law. Mold in a rental doesn't automatically show the landlord caused an injury.1
Specific notice requirements may apply before a tenant ends a lease.3 Talk to a lawyer before you move out or stop paying rent.
Filing Deadlines
Most personal injury claims in South Carolina must be filed within three years.4 Simply opening a claim with an insurance company does not stop the statute of limitations from running.5 The three-year period generally begins when a person knew or, through reasonable diligence, should have known that they had a potentially actionable injury.6
New construction is common across Spartanburg County, and some mold traces back to bad building work, failed waterproofing or poorly installed systems. South Carolina generally imposes an eight-year outer deadline on lawsuits arising from defective or unsafe improvements to real property, measured from substantial completion. Exceptions may apply. This deadline is separate from the ordinary statute of limitations and may bar some claims even when the problem was discovered later.78
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 Tort Claims Act, depending on the facts.9
Don't count on a late start date. A lawyer can explain how these limits fit your home.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
Bring us the story in order. When did the ceiling first spot? Which texts went to the landlord? What did the pediatrician or pulmonologist say? If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including Spartanburg County. If carbon monoxide, bad water or a chemical spill is the issue, see toxic exposure in Spartanburg. The statewide page covers toxic mold claims as well.
Ring us with photos of the walls and the repair history.
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
The mold has been there for years. Are we too late?
Possibly, possibly not. 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.6 Claims against builders and contractors can also be cut off by a fixed outer time limit.8 Ask a lawyer soon.
The property manager just painted over it. What now?
Photograph the spots, including any mold bleeding back through the new paint. Work orders, the landlord's answers and a running note of every new drip all go in the file. The Residential Landlord and Tenant Act requires landlords to make repairs and keep rental homes fit and habitable.2 Tenants may have remedies when a landlord doesn't correct qualifying problems, and specific notice requirements may apply before ending a lease.3 Breaking a lease or skipping rent without advice can backfire.
We found mold and my son's asthma got worse. Does that prove the mold caused it?
Not by itself. Damp homes and mold can be linked with breathing problems and other symptoms, but finding mold doesn't prove it caused one person's illness. History, symptoms, the home and other causes may all need review, and a claim may need medical evidence tying the condition to the exposure.1
Do I need a doctor's letter before calling?
No. Calling while you're still seeing doctors is fine. Tell them about the mold and the water damage, and a lawyer can review the leak, the repairs and the messages in the meantime.
Can we start by phone from Spartanburg?
The first conversation can happen by phone. Our office is on King Street in Charleston.
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.
