Mold in a rental in South Carolina

General information, not legal advice. For your situation, talk to a lawyer or a legal aid office. South Carolina Legal Services helps eligible tenants.

What the law requires of landlords

Under S.C. Code 27-40-440, a landlord must comply with building and housing codes materially affecting health and safety, and make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition. The word "mold" doesn't appear in the chapter. A leak that causes mold, or a broken system that keeps a unit damp, is the kind of repair the statute covers. A bill to add rental health standards (H.3232) has been in committee since January 2025.

Step by step

1. Document it. Dated photos, the size of the area, where water is coming from, and any health effects.
2. Notify the landlord in writing. Email or letter, describing the problem and asking for repair. Keep a copy.
3. Ask what will be done and when. A handyman painting over mold is not a repair; the moisture source has to be fixed.
4. If nothing happens: under 27-40-610, if a material breach isn't remedied within 14 days after written notice, the tenant may be able to end the lease on a date at least 14 days after the landlord receives the notice. The statute has conditions; read it or ask a lawyer before you rely on it.
5. Don't withhold rent or repair-and-deduct on your own. Section 27-40-630 allows a deduction only for certain essential services and says it doesn't authorize making repairs and deducting the cost.

Section 27-40-910 prohibits retaliation by a landlord against a tenant for complaining about code violations.

Charleston renters describe the same patterns in local forums: a unit the previous tenant left because of mold, mold on shoes and bags every summer, and belongings found moldy after two weeks away with the AC off. If the unit has a history, ask about it in writing before you sign the lease.

What a renter can do in the meantime

• Run the AC and bathroom fans; keep humidity below 60 percent, the EPA's guide.
• Clean small spots, under about 10 square feet, with detergent and water, per the EPA, and photograph them first.
• Move belongings away from damp walls, and leave the AC running when you travel in summer.
• If anyone at home has asthma or a weak immune system, tell your doctor. The CDC says people with asthma or mold allergies may have severe reactions.

Landlords and property managers

If you own rentals, a written moisture assessment and a scoped repair, with photos of the finished work, protects you as much as the tenant. About 32% of occupied homes in the 27 ZIP codes we cover are rented (Census ACS).