South Carolina Mold Law: Tenant Rights, Disclosure & Insurance
Does South Carolina license mold work?
None identified. The SC Department of Labor, Licensing and Regulation (LLR) lists 48 licensed professions/boards (including Contractor's Licensing Board, Residential Builders Commission, Environmental Certification, Building Codes Council); no board, license or certification for mold assessment, mold remediation, or indoor air quality appears. General contractor/residential builder licensure may apply to remediation work as construction, but that is not mold-specific.
Habitability: what landlords must provide
Statutory, under the SC Residential Landlord and Tenant Act. S.C. Code Ann. Sec. 27-40-440 requires the landlord to 'comply with the requirements of applicable building and housing codes' and to 'make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition,' and to maintain essential services (running water, hot water, heat). MOLD IS NOT NAMED - the word 'mold' does not appear anywhere in Title 27, Chapter 40. Mold claims must be pled as a breach of the general fit-and-habitable duty. (S.C. Code Ann. Sec. 27-40-440 (SC Residential Landlord and Tenant Act))
Notice and repair timeline
14 days. Under S.C. Code Ann. Sec. 27-40-610, the tenant delivers written notice specifying the breach and stating the rental agreement will terminate if the landlord does not remedy within 14 days; the agreement does not terminate if the landlord adequately remedies, or begins remedial work within the period and pursues it in good faith. For essential-services failures, Sec. 27-40-630 requires written notice but sets no fixed day count. Sec. 27-40-640 conditions the noncompliance defense on the landlord having had notice at least 14 days before rent was due.
Tenant remedies
(1) Termination plus damages and attorney's fees after 14-day written notice - S.C. Code Ann. Sec. 27-40-610. (2) Limited repair-and-deduct ONLY for essential services: where the landlord negligently or wilfully fails to supply heat, water, hot water or other essential services, the tenant may 'procure reasonable amounts of the required essential services during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent' - Sec. 27-40-630. NOTE: the chapter contains NO general minor-defects repair-and-deduct section (there is no Sec. 27-40-635). (3) Noncompliance as a defense and counterclaim in an action for possession or rent - Sec. 27-40-640. (4) Unlawful ouster / wilful diminution of essential services: recover possession or terminate, plus three months' periodic rent or twice actual damages, whichever is greater, plus attorney's fees - Sec. 27-40-660. (5) Constructive eviction remains a common-law doctrine; no SC case law confirmed in this research - unverified.
Selling a home: mold disclosure
Yes, by statute, but mold is not named. S.C. Code Ann. Sec. 27-50-40(A) requires a Residential Property Condition Disclosure Statement covering water supply and sewage, structural components (roof, foundation), mechanical systems (plumbing, electrical, HVAC), 'present infestation of wood-destroying insects or organisms or past infestation, the damage from which has not been repaired,' zoning/covenants/land-use restrictions, existing leases, HOA governance, and environmental hazards including lead-based paint, asbestos, radon and underground storage tanks. MOLD AND WATER DAMAGE ARE NOT EXPLICITLY LISTED. Sec. 27-50-65 imposes liability on an owner who knowingly discloses 'false, incomplete, or misleading' information; Sec. 27-50-70 protects agents who did not know information was inaccurate. Whether 'wood-destroying organisms' reaches fungal growth is untested here - unverified. (S.C. Code Ann. Sec. 27-50-40; Sec. 27-50-65; Sec. 27-50-70)
Deadlines to bring a claim
Personal injury: 3 years - S.C. Code Ann. Sec. 15-3-530 ('an action for assault, battery, or any injury to the person or rights of another, not arising on contract'), subject to the discovery rule in Sec. 15-3-535 (action must be commenced within three years after the person knew or by reasonable diligence should have known of the cause of action) - important for latent mold exposure. Property damage: 3 years - Sec. 15-3-530 ('an action for trespass upon or damage to real property'; also 'taking, detaining, or injuring any goods or chattels'). Construction-defect repose: 8 years from substantial completion - Sec. 15-3-640.
Insurance treatment of mold
Unverified. No South Carolina Department of Insurance bulletin, regulation or statute on mold coverage caps or exclusions was located from a primary source in this research. SC DOI and SC DHEC websites were unreachable (TLS/robots failures). Do not assume ISO-standard mold limitation endorsements are state-mandated; SC treatment must be confirmed directly with SC DOI bulletins.