South Carolina Renters: Rights When Facing Asbestos Hazards

As a renter in South Carolina, concerns about asbestos exposure in older buildings can be serious for your health and security. Understanding your rights, your landlord’s duties, and what to do if you suspect asbestos is present can help protect you and your household. This guide explains South Carolina renters’ rights related to asbestos, covering official resources, actionable steps, and legal tools available to keep your home safe.

Understanding Asbestos Risks in Rental Homes

Asbestos is a hazardous material commonly found in buildings built before the mid-1980s. It can be present in insulation, floor tiles, and ceiling materials. When disturbed, asbestos fibers become airborne, posing serious risks of lung disease.

Landlords in South Carolina must provide habitable housing, and exposure to asbestos can violate this obligation if the risk isn’t managed. The state regulates asbestos safety under both federal EPA asbestos guidelines and state laws.

Landlord Responsibilities and Habitability Standards

Under the South Carolina Residential Landlord and Tenant Act, landlords must:

• Keep your home in a safe, habitable condition
• Address known environmental hazards, including asbestos
• Notify tenants of planned repairs that could disturb asbestos materials

If you believe asbestos-containing materials are present and deteriorating (crumbling, damaged, or disturbed), it is the landlord’s duty to respond promptly to maintenance requests and resolve safety issues.^[1]

Which South Carolina Authority Handles Tenant-Landlord Issues?

Disputes about asbestos and rental safety are typically handled in South Carolina Magistrate Courts, which oversee residential tenancies and habitability complaints.

What to Do If You Suspect Asbestos in Your Building

If you think your rental has asbestos, follow these steps to protect your health and tenancy rights:

• Do not disturb suspected materials – leave damaged sections untouched.
• Document what you see with photos and notes.
• Contact your landlord in writing, describing the problem and requesting inspection or repair.
• If your landlord does not respond, file a formal complaint with the South Carolina Department of Health and Environmental Control (SC DHEC Asbestos Program).

Official Forms for Renters: Notifying and Reporting Asbestos Risks

• SC DHEC Environmental Quality Control Complaint Form
  When to use: If your landlord won’t act or you believe your health is at risk, use this form to alert the Department of Health and Environmental Control.
  Example: You’ve reported crumbling ceiling tiles to your landlord but they haven’t taken action within a reasonable time.
  Access the official SC DHEC Environmental Complaint Form (PDF)

Send your completed form by email or mail, as directed on the document. The DHEC will investigate, and may order repairs or mitigation if asbestos is confirmed. Keep copies of all correspondence for your records.

Legal Protections and Next Steps for Renters

If your landlord refuses to act after you’ve submitted a maintenance request and DHEC complaint, you can:

• Contact your local Magistrate Court for advice on filing a habitability or repair claim under the South Carolina Residential Landlord and Tenant Act
• Request a court order to force repairs or, in some cases, terminate your lease
• Seek guidance from state or local rental assistance agencies

It’s important to follow the correct legal process to protect yourself from possible retaliation or eviction. Familiarize yourself with the law and seek support if you’re unsure.

Frequently Asked Questions

1. What should I do if I think there’s asbestos in my rental unit?
   Notify your landlord in writing, document the issue, and avoid disturbing any suspect materials. If the landlord doesn’t act, submit the official complaint form to SC DHEC.
2. Is my landlord required to remove asbestos from the property?
   Landlords must ensure your rental is safe and habitable. While not all asbestos must be removed, any damaged or exposed asbestos that poses a danger must be repaired or contained.
3. Where can I file a complaint if my landlord ignores the problem?
   You can file an Environmental Quality Control Complaint Form with South Carolina DHEC, and contact your local Magistrate Court for legal recourse.
4. Will I have to move out during asbestos repairs?
   It depends on the scope of the work. Ask your landlord or the contractor for details; you may need to vacate temporarily for safety, and the landlord may be required to help facilitate this under certain circumstances.
5. Can my landlord evict me for reporting asbestos concerns?
   State law protects tenants from retaliation for making legitimate complaints. If you believe you’re being evicted unfairly, contact your local Magistrate Court or tenant support organizations for help.

Key Takeaways for Renters

• South Carolina landlords must keep rentals habitable and address asbestos hazards
• Document concerns, report to your landlord first, then file with DHEC if needed
• Use official forms and know your local court and agency contacts for support

Staying informed helps you protect your health and rights as a renter in older South Carolina buildings.

Need Help? Resources for Renters

• SC DHEC – Asbestos General Information
• South Carolina Magistrate Court – Landlord-Tenant Issues: For filing habitability claims or tenant disputes
• Read the South Carolina Residential Landlord and Tenant Act
• SC DHEC Environmental Complaint Form: For reporting unaddressed hazards
• HUD’s South Carolina Renters Page: Federal resources and tenant rights

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1. South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. § 27-40-440): State of South Carolina Official Code
2. SC Department of Health and Environmental Control (Asbestos): Official DHEC Asbestos Information
3. SC Magistrate Courts – Landlord and Tenant Proceedings: Official Magistrate Court Benchbook, Chapter 8
4. HUD South Carolina Tenant Rights: U.S. Department of Housing and Urban Development

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