South Carolina Renters: Mold Issues, Repairs, and Legal Rights

Mold in rental housing can lead to health problems and discomfort. South Carolina renters have clear legal rights when it comes to requesting repairs, and landlords have duties to keep properties habitable. Knowing what steps to take and what laws protect you is essential if you discover mold in your home.

What Are Landlord Responsibilities for Mold in South Carolina?

South Carolina law does not mention mold specifically, but The South Carolina Residential Landlord and Tenant Act requires landlords to maintain rental units in a fit and habitable condition. This means landlords must:

• Comply with health and safety laws
• Perform necessary repairs to keep the unit safe and livable
• Maintain all electrical, plumbing, heating, and appliances in good working order

Excess moisture or water leaks can create conditions where mold grows. If mold becomes an issue due to leaks, poor ventilation, or building defects, your landlord is typically responsible for fixing the underlying problem.

What Should Renters Do If They Find Mold?

If you see, smell, or suspect mold, act promptly to protect your health and your rights. South Carolina law requires renters to notify landlords in writing about maintenance needs.

• Document the mold with photos, notes, or dates of discovery.
• Submit a written notice to your landlord describing the problem and requesting repairs.
• Keep a copy of your notice and any responses for your records.

How to Write a Repair Request

While South Carolina does not have an official state "Repair Request" form, you should write a clear, dated letter or email including:

• Your name, address, and unit number
• Description of the mold problem and where it is
• Request for prompt repairs
• Reasonable deadline for a response

An example template is available at the South Carolina Legal Services: Sample Letter for Needed Repairs.

Your Mold Rights Under South Carolina Law

The Residential Landlord and Tenant Act protects tenants by requiring landlords to maintain safe living conditions. If your landlord does not make necessary repairs after written notice, you may have the right to:

• Withhold rent if repairs are not made within 14 days of written notice (consult an attorney before withholding rent)
• Contact your local code enforcement or health department for an inspection
• Terminate your lease if the problem substantially affects health and safety, after proper notice

To learn more, visit the full text of the Act or the South Carolina Department of Labor, Licensing and Regulation: Landlord/Tenant Law.

Who Handles Tenant-Landlord Disputes in South Carolina?

Disputes about repairs and habitability can usually be taken to the Magistrate Court in your county. For official information, visit the South Carolina Magistrate Court webpage.

Official Forms and How to Use Them

• No state-issued "Mold Complaint" form: Use a written letter following the South Carolina Legal Services template as noted above.
• Filing in Magistrate Court: If your landlord will not repair unsafe conditions, you may file a "Complaint for Damages". Use form SCCA/720 (Magistrate's Complaint), available at South Carolina Magistrate Court Forms.

Example: If your landlord doesn't fix a water leak causing mold after written notice, you may use SCCA/720 to file a claim for damages or to ask the court to order repairs.

How Long Must a Landlord Take to Fix Mold or Related Issues?

Generally, landlords have 14 days after your written notice to address repairs that affect habitability, unless a shorter time is needed for urgent issues.¹

Frequently Asked Questions

1. What should I do if my landlord ignores a mold complaint?
   If your landlord does not respond within 14 days of written notice, you may contact local housing code enforcement, file in Magistrate Court, or seek legal assistance.
2. Can I withhold rent because of mold in my apartment?
   Withholding rent is only legal under certain circumstances in South Carolina. Always get legal advice before stopping rent payments to avoid eviction.
3. Is my landlord responsible for cleaning up mold?
   Landlords must repair conditions causing mold, such as leaks. Cleanup responsibility depends on the lease and how the mold occurred. Major infestations often require landlord intervention.
4. How can I prove to my landlord there is a mold problem?
   Take clear photos, note the locations and dates, keep doctor notes if you’re sick, and save all written communications. An inspection by a code official can provide further proof.
5. Where can I file an official complaint about rental conditions?
   If the property is unsafe, file a complaint with local code enforcement or the Magistrate Court using the proper forms.

Key Takeaways for Renters

• Always report mold or maintenance issues in writing as soon as possible.
• Keep copies of all requests and evidence related to your complaint.
• State law protects your right to a safe, livable home and may allow you to seek help from the court if repairs are not made.

Understanding and documenting your situation is the best way to resolve mold issues legally and safely.

Need Help? Resources for Renters

• South Carolina Magistrate Court – handles landlord-tenant legal disputes
• South Carolina Legal Services – free legal help for qualifying renters
• South Carolina Department of Consumer Affairs: Landlord-Tenant Law
• South Carolina Residential Landlord and Tenant Act – the main rental law

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1. South Carolina Residential Landlord and Tenant Act, S.C. Code Ann. § 27-40-610
2. South Carolina Magistrate Court
3. South Carolina Department of Consumer Affairs
4. South Carolina Legal Services
5. Form SCCA/720: Magistrate's Complaint

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