Excerpt from peakefowler.com
If you are renting an apartment in South Carolina, it is important that you know that your landlord has a legal duty to ensure that the apartment is free from any health or safety hazards, and is fit to be lived in.
Not only does this mean that the landlord is responsible for all mold removal before you move in, but that the landlord is also responsible for correcting leaks or any other structural problems should they occur. It is your responsibility to report these issues to your landlord immediately. If mold accumulates in your apartment after you move in as a result of your own actions, like failing to clean your bathroom or kitchen, your landlord is not responsible for this.
Can I File a Lawsuit?
If you discover mold in your apartment, your first action should be to send a written notice to your landlord of the mold. It is important that the contact is in writing for documentation purposes. Your landlord has a duty to address the issue within a reasonable amount of time, however, remember that the landlord is responsible for structural defects (i.e. a leak, mold underneath carpet from before you moved in, etc.) and not cleaning up new problems – cleaning is generally the tenant’s responsibility.
If your health suffers as a result of exposure to mold, you should seek medical care and document all care received as proof. You should also photograph the mold in the apartment, and keep documentation of any contact you have with your landlord.
What to Expect in a Lawsuit
Most landlord-tenant disputes, including those involving the presence of mold, are handled out of court. If your landlord refuses to take action, or if your health has declined significantly, filing a lawsuit against the landlord may be the only avenue to resolving the issue. Typically, lawsuits such as these are filed in small claims court. Keep in mind that even if you have not suffered any injuries, your landlord is still responsible for ensuring that the apartment is habitable, and must remove mold as such.
Written by www.peakefowler.com