What to Do About Mold in a Summerville Home
Your family's health comes first.
- Book a doctor's visit. Bring up the musty smell, the stains and the leak, and go to whatever allergy or lung testing follows.
- Limit exposure. Don't tear into moldy drywall or go into unsafe rooms for evidence. When black growth covers a wall or the subfloor is soaked, bring in a mold remediation company to test and clean.
- Photograph and film what you can safely see: the growth, stains, leaks, ceilings, walls and ruined belongings. Repeat over time.
- Put dates on paper: the first drip, the first black spot, every call to the landlord or builder.
- Screenshot the maintenance portal and save every text or email about the leak.
- Save inspection reports, test results, invoices, warranties and closing papers.
- Hold off on any release or move-out agreement.
Mold and Moisture Around Summerville
Summerville's long, humid summers, afternoon thunderstorms and tropical storms give water plenty of chances to get in. After Tropical Storm Debby, roads around Summerville flooded and the Ashley River stayed high for days. A roof leak, a slow plumbing drip, a failed HVAC drain line or poor grading around a newer house can all lead to mold behind walls and under floors.
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 When a landlord doesn't correct a qualifying problem, such as a serious leak causing mold, the tenant may have remedies, which can include damages or ending the lease depending on the circumstances.3
A sick tenant still has to connect the illness to the mold and the landlord's handling of it. Mold in a rental does not automatically mean the landlord caused an injury.1 Specific notice requirements may apply before ending a lease.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 personal injury claims in South Carolina must be filed within three years.4 Opening a claim with an insurance company does not stop the statute of limitations from running.5 That period generally begins when a person knew or, through reasonable diligence, should have known about a potentially actionable injury.6
Some mold problems trace back to construction defects, bad waterproofing or poorly installed building systems. South Carolina generally imposes an eight-year outer deadline on lawsuits over defective or unsafe improvements to real property, measured from substantial completion. Exceptions may apply, and this cutoff is separate from the ordinary limit and may bar some claims even when the problem surfaced later.78
Claims against a state or local government agency have their own deadline, which can be shorter, and damage caps may apply.9
For the statewide overview, see South Carolina toxic mold claims.
Talk With Us
We start with your timeline: when you first saw a stain or leak, whom you told and how, and what your doctors have said. 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 Summerville. If a chemical, bad water or carbon monoxide is the issue, see toxic exposure around Summerville.
We would like to see your photos and repair requests.
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
Can I talk with you by phone?
Yes. The first conversation can happen by phone. Our office is on King Street in downtown Charleston.
We've lived with this mold for a long time. Is it too late?
The landlord just painted over it. What should I do?
Photograph the spots, including stains that bleed back through the paint, and keep every repair request and reply. South Carolina's 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 does not fix qualifying problems, and notice rules may apply before ending a lease.3 Moving out or holding rent can backfire, so talk with a lawyer first.
Does mold in my house mean it made me sick?
Not necessarily. Damp indoor conditions and mold can be linked to some breathing problems and other symptoms, but finding mold does not prove it caused a particular illness. Your history, symptoms, the house and other possible causes all need a look, and a claim may require medical and other qualified evidence connecting the two.1
Do I need a doctor's opinion before calling?
No. Tell your doctor about the mold and water damage and keep going to appointments. Your photos and repair requests are enough for a first conversation.
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.
