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Overview
South Carolina does not have specific mold legislation, leaving tenants with limited legal recourse when dealing with mold issues in rental properties. Neither the state nor federal government have established safety standards for mold growth in rental housing. However, the South Carolina Residential Landlord and Tenant Act (SC Code Title 27, Chapter 40) provides general habitability requirements that may apply to severe mold situations. Multiple attempts to pass the "Healthy Rental Housing Act" have been introduced in the state legislature but have not been enacted into law. [The Post and Courier - South Carolina's lack of mold laws leaves renters exposed]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Tenants have the right to a dwelling that complies with applicable building and housing codes materially affecting health and safety. The landlord must maintain the premises in a fit and habitable condition throughout the tenancy.
Right to Written Notice and Remedies for Noncompliance
If there is a material noncompliance by the landlord with the rental agreement or Section 27-40-440 materially affecting health and safety, tenants may deliver written notice specifying the breach. The rental agreement will terminate 14 days after receipt of notice if the breach is not remedied within that period.
[South Carolina Code Section 27-40-610 - Noncompliance by landlord in general]
Landlord Responsibilities
Maintain Premises in Habitable Condition
Landlords must make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition. This includes maintaining the structural integrity of the property and addressing conditions that may affect tenant health and safety.
Comply with Building and Housing Codes
Landlords must comply with the requirements of applicable building and housing codes materially affecting health and safety. "Building and housing codes" includes any law, ordinance, or governmental regulation concerning fitness for habitation.
[South Carolina Code Section 27-40-440 and Section 27-40-210]
Remedies Available to Tenants
Rent Withholding
Not Available: South Carolina does not permit general rent withholding for habitability issues including mold. The only exception is for failure to provide essential services (running water, hot water, heat, electricity). In that case, tenants may procure reasonable amounts of the required services and deduct the actual cost from rent, but they cannot simply withhold rent. For mold and other habitability issues, tenants must pursue other remedies such as lease termination or legal action.
Repair and Deduct
Not Available: South Carolina explicitly prohibits tenants from making repairs and deducting the cost from rent. The law states that under no circumstances should Section 27-40-630 be interpreted to authorize the tenant to make repairs on the rental property and deduct the cost from rent. Any mechanic's lien arising from unauthorized tenant repairs is unenforceable. The only permitted deduction is for the cost of obtaining essential services (water, heat, electricity) when the landlord fails to provide them.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in South Carolina
Understanding South Carolina's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
South Carolina's Humid Subtropical Climate
South Carolina has a humid subtropical climate with hot, humid summers and mild winters. The state receives 45-55 inches of rainfall annually, with coastal areas receiving even more. Summer humidity frequently exceeds 75%, particularly along the coast. Charleston and the Lowcountry experience year-round high humidity due to proximity to the Atlantic Ocean and coastal marshes.
High Southeastern Mold Risk
South Carolina ranks among the highest mold-risk states due to its humid climate and hurricane exposure. The Lowcountry region around Charleston faces particular challenges from tidal flooding, hurricane damage, and persistent humidity. The combination of heat, moisture, and frequent rainfall creates ideal year-round conditions for mold growth throughout the state.
Limited Mold Legislation
South Carolina has no specific mold legislation, leaving tenants with limited legal recourse. Multiple attempts to pass the "Healthy Rental Housing Act" have failed in the state legislature. Without specific mold laws, tenants must rely on general habitability requirements that may not adequately address mold issues.
Hurricane and Flooding Damage
South Carolina faces significant hurricane risk, with Charleston being particularly vulnerable. Hurricanes Hugo (1989), Matthew (2016), and Florence (2018) caused extensive flooding and subsequent mold damage. Coastal flooding from sea level rise and king tides adds to chronic moisture problems in Lowcountry housing.
Common Mold Types in South Carolina
South Carolina's Lowcountry region faces extreme mold challenges due to tidal flooding, hurricane damage, and persistent humidity often exceeding 80%. Charleston's historic housing stock and sea-level rise create chronic moisture problems.
Stachybotrys chartarum (Black Mold)
Found in South Carolina homes with chronic water damage, especially in the Lowcountry. Thrives on water-soaked drywall and cellulose materials. Produces dangerous mycotoxins.
Aspergillus
Extremely common in South Carolina's humid coastal climate. Found in HVAC systems, bathrooms, and areas with poor ventilation. Can cause aspergillosis.
Cladosporium
Most prevalent airborne mold in South Carolina. Thrives year-round in humid conditions, particularly in Charleston and coastal areas. Major allergen.
Penicillium
Common in water-damaged South Carolina homes. Grows rapidly on wet materials including wallpaper and carpet. Causes respiratory symptoms.
Aureobasidium
Found on painted surfaces and window frames in humid South Carolina homes. Particularly common in coastal areas with salt air exposure.
Mold Professional Requirements in South Carolina
Implied Warranty of Habitability
South Carolina's implied warranty of habitability is established under SC Code Section 27-40-440. Landlords must comply with applicable building and housing codes materially affecting health and safety, make all repairs necessary to keep the premises in a fit and habitable condition, keep common areas reasonably safe and clean, maintain all electrical, gas, plumbing, sanitary, heating, ventilating, and air conditioning systems in reasonably good and safe working order, and provide running water, hot water, and reasonable heat at all times. While mold is not explicitly mentioned, severe mold conditions may breach the landlord's duty to provide a safe and habitable living environment. [South Carolina Code Section 27-40-440 - Landlord to maintain premises]
Mold Disclosure Requirements
Local Regulations
Some cities in South Carolina have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full South Carolina mold law details.
Charleston, SC
Local mold risks, prevention priorities, and next steps for Charleston.
Columbia, SC
Local mold risks, prevention priorities, and next steps for Columbia.
North Charleston, SC
Local mold risks, prevention priorities, and next steps for North Charleston.
Greenville, SC
Local mold risks, prevention priorities, and next steps for Greenville.
Myrtle Beach, SC
Local mold risks, prevention priorities, and next steps for Myrtle Beach.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in South Carolina.
SC State Housing Finance and Development Authority Programs
Provides various housing rehabilitation programs that may include mold remediation for qualifying low-income South Carolina homeowners.
Eligibility: South Carolina homeowners meeting income requirements (varies by program)
Coverage: Varies by program; may cover mold remediation as part of home rehabilitation
Phone: 803-896-9001Learn More →
USDA Section 504 Home Repair Program
Federal program providing loans and grants to very low-income rural homeowners for repairs including mold remediation. Covers much of rural South Carolina.
Eligibility: Very low-income homeowners in rural South Carolina areas
Coverage: Loans up to $40,000 at 1% interest; Grants up to $10,000 for elderly homeowners
FEMA Individual Assistance
Following federally declared disasters, FEMA provides grants for home repairs including mold remediation. South Carolina frequently receives disaster declarations for hurricanes.
Eligibility: South Carolina residents in declared disaster areas with uninsured or underinsured losses
Coverage: Varies by disaster declaration; covers necessary mold remediation from disaster damage
Phone: 1-800-621-3362Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does South Carolina have specific mold laws for rental properties?
No, South Carolina does not have specific mold legislation. Neither the state nor federal government have established safety standards for mold growth in rental housing. Multiple attempts to pass the "Healthy Rental Housing Act" have been introduced in the state legislature but have not been enacted. Tenants must rely on general habitability requirements under the South Carolina Residential Landlord and Tenant Act.
What are my rights as a tenant if there is mold in my rental in South Carolina?
While there are no specific mold laws, you have the right to a habitable dwelling under SC Code Section 27-40-440. If mold materially affects health and safety, you may: (1) give written notice to your landlord specifying the issue, (2) allow 14 days for the landlord to remedy the problem, (3) terminate your lease if the issue is not remedied, or (4) pursue legal action for damages. You cannot withhold rent or use repair-and-deduct for mold issues.
Can I withhold rent if my landlord refuses to fix a mold problem in South Carolina?
No. South Carolina does not permit rent withholding for habitability issues like mold. The only exception is for failure to provide essential services (running water, hot water, heat, electricity), where you may obtain the services and deduct the actual cost from rent. For mold problems, your remedies are to give written notice, terminate the lease after 14 days if not fixed, or pursue legal action.
Official Resources
These official resources can help you understand your rights and take action: