Downtown Charleston Tenants File Suit Over Black Mold and Failing Plumbing

The Incident

On November 20, 2025, a group of tenants living in downtown Charleston filed a lawsuit against their landlord, alleging uninhabitable living conditions. The tenants claim their rental units are plagued by black mold and failing plumbing, creating serious health risks and disrupting their daily lives. Despite repeated complaints, the landlord allegedly failed to address these issues adequately, leaving tenants with no choice but to seek legal recourse.

Black mold is a particularly alarming issue, as it can cause respiratory problems and exacerbate existing health conditions. Coupled with plumbing failures, such as leaks or non-functioning fixtures, the tenants argue that their homes have become unsafe and unsuitable for habitation. This case highlights the importance of landlords maintaining rental properties in compliance with South Carolina law.

What South Carolina Law Says

South Carolina law provides tenants with protections under the South Carolina Residential Landlord and Tenant Act (SC Code § 27-40-10 et seq.). One key provision is the implied warranty of habitability, which requires landlords to maintain rental properties in a condition suitable for living. This includes ensuring that plumbing systems are functional and that the property is free from hazardous conditions like mold.

According to SC Code § 27-40-440, landlords must make repairs necessary to keep the premises in a habitable condition and comply with applicable health and safety codes. Failure to do so may constitute a breach of the lease agreement and entitle tenants to remedies such as rent abatement, reimbursement for repair costs, or even termination of the lease. In cases of severe negligence, tenants may also pursue damages for harm caused by the uninhabitable conditions.

Your Rights and Options

If you are a tenant experiencing similar issues, you have several options under South Carolina law. First, document the problems thoroughly—take photographs, keep records of communication with your landlord, and save receipts for any related expenses. This evidence will be crucial if you decide to pursue legal action.

Next, notify your landlord in writing of the issues and request prompt repairs. Under SC Code § 27-40-610, tenants must give landlords a reasonable amount of time to address the problems. If the landlord fails to act, you may have grounds to file a lawsuit for breach of the warranty of habitability.

In some cases, tenants can withhold rent, make repairs themselves and deduct the cost from their rent, or terminate their lease. However, these actions should be taken cautiously and with legal guidance to avoid potential disputes or eviction proceedings.

What I Look For When Evaluating These Cases

When evaluating landlord-tenant disputes, I look for clear evidence of uninhabitable conditions and the landlord's failure to address them. Photographs, repair invoices, medical records, and written communication with the landlord are all critical pieces of evidence. Additionally, I assess whether the tenants followed proper legal procedures, such as notifying the landlord and allowing time for repairs.

A strong case often involves multiple tenants experiencing similar issues, as this demonstrates a pattern of negligence rather than isolated incidents. Cases involving health hazards like black mold are particularly compelling, given the serious risks they pose.

How Insurance Companies Will Fight Back

Landlords and their insurance companies often argue that the tenants caused the damage themselves or failed to report the issues in a timely manner. They may also claim that the conditions do not rise to the level of uninhabitability or that the landlord made reasonable efforts to address the problems.

These tactics are designed to minimize liability and reduce potential payouts. As an attorney, my role is to counter these arguments with strong evidence and a thorough understanding of South Carolina law.

Related Practice Areas at Traywick Law Offices

At Traywick Law Offices, we handle a variety of property-related cases, including landlord-tenant disputes. Learn more about our services by visiting our Premises Liability and Consumer Fraud pages.

My Final Thoughts

As a Charleston attorney, I believe tenants should not have to endure unsafe living conditions. Landlords have a legal and moral obligation to maintain their properties, and when they fail, tenants have the right to hold them accountable. If you’re facing similar challenges, don’t hesitate to explore your legal options—I’m here to help.