What to Do About Toxic Mold in South Carolina
Your family's health comes first.
- Get medical care. Tell your doctors about the mold and the water damage in your home, and keep every follow-up and test appointment.
- Avoid unnecessary exposure. Do not disturb moldy materials or enter unsafe areas just to collect evidence. If substantial contamination or water damage is present, ask an appropriate professional about safe inspection and cleanup. Your family's health comes before documentation.
- Photograph and video what you can safely see. Capture the mold, the stains, the leaks, the ceiling, the walls and any damaged belongings. Take new photos over time so you can show changes.
- Write down a timeline. Note when you first saw water or mold, when you reported it, and what anyone told you.
- Keep every message. Save texts, emails, maintenance requests, portal screenshots and letters about leaks or repairs.
- Save repair and inspection records. Keep inspection reports, test results, invoices, warranties and closing papers.
- Take your time before you sign anything. It helps to get your questions answered first.
Can a Landlord Be Responsible for Mold in a Rental Home?
South Carolina landlords have legal obligations to maintain rental properties in a condition that meets applicable health and safety requirements.2 If a landlord knows about a serious leak, water intrusion or other condition causing mold and fails to take appropriate action, the tenant may have legal remedies.3
Whether a landlord is responsible for an illness or other loss depends on the condition, notice, repairs, medical evidence and applicable law. Mold in a rental property does not automatically establish that the landlord caused an injury.1
Specific notice requirements may apply before a tenant ends a lease.3 It's wise to get legal advice before moving out or withholding rent.
How Long You Have to File
Most personal injury claims in South Carolina must be filed within three years.4 The deadline is for filing in court, and an open insurance claim does not pause it.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
Some mold claims arise from defective construction, faulty waterproofing or improperly installed building 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 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.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, depending on the facts of your case.9
It's risky to count on a later start. A lawyer can explain how this works for you.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
We start with your timeline. When did you first see a stain or a leak? Who did you tell, and how? What have your doctors said? If you hire us, the insurers can usually deal with us.
The firm is based in Charleston and takes toxic mold cases across South Carolina. If carbon monoxide, contaminated water or a chemical spill brought you here, see our page on toxic exposure claims in South Carolina. If you were hurt on someone else's property in other ways, see our page on premises liability claims in South Carolina.
Tell us about the leak, the repairs and how your family has been affected.
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've lived with the mold for a long time. Is it too late to do anything?
It may be, or it may not, so don't guess. The three-year period for injury claims generally begins when you knew, or reasonably should have known, that you had a potentially actionable injury.6 Claims over defective construction can also be cut off by a separate outer time limit.8 Talk with a lawyer soon.
My landlord painted over the mold. What should I do?
Photograph the affected areas, including stains or mold that return after painting. Save written repair requests and responses, and document any continuing leaks or moisture problems. South Carolina law requires landlords to keep qualifying rental homes fit and habitable.2 Depending on the circumstances, tenants may have remedies when serious problems are not corrected, and specific notice requirements may apply before ending a lease.3 Consider getting legal advice before moving out or withholding rent.
Does finding mold in my home mean it caused my illness?
Not necessarily. Mold and damp indoor conditions can be associated with certain breathing symptoms and other health problems, but finding mold does not establish that it caused a particular person's illness. Medical history, symptoms, home conditions and other possible causes may all need to be looked at. A legal claim may require medical and other qualified evidence connecting the condition to the exposure.1
Do I need a doctor to say the mold made me sick before I call?
No. Many people call while they are still seeing their doctors. Tell your doctor about the mold and the water damage. A lawyer can look at the leak, the repairs and the messages in the meantime.
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.
