Who Is Responsible for Disposing of Mold-Damaged Items in a Storage Unit During Divorce?

Does the Storage Company Have to Dispose of Mold-Damaged Items?

Under South Carolina law, storage facilities operate under the Self-Service Storage Facility Act, codified at S.C. Code § 39-20-10 et seq.. This statute governs the rights and obligations of both the facility operator and the renter. Unfortunately for renters, the act primarily addresses lien rights and default procedures — it does not impose a duty on the facility to dispose of damaged personal property.

Your rental agreement almost certainly contains a clause stating that all items in the unit remain your personal property and your responsibility to remove. Approximately 90% of self-storage contracts include limitation-of-liability clauses capping the facility's exposure, which is likely why your insurance reimbursement is limited to $500.

Can You Hold the Storage Company Liable for the Damage?

This is where it gets more promising. If the facility advertised a climate-controlled unit and the building's damaged siding allowed rainwater intrusion, you may have a viable negligence or breach-of-contract claim under South Carolina's general negligence framework. The storage company had a duty to maintain the premises in the condition promised. Key elements include:

• Duty of care: The facility promised climate control and structural integrity
• Breach: Damaged siding allowing water infiltration violates that promise
• Causation: The water intrusion directly caused mold growth
• Damages: Your property was destroyed, exceeding the $500 insurance cap

South Carolina applies a three-year statute of limitations for property damage claims under S.C. Code § 15-3-530, so you have time to pursue this.

What About the Disposal Costs Specifically?

The facility is technically correct that removing your belongings is your contractual obligation. However, the cost of disposal becomes part of your damages in any negligence claim. If you must hire a mold remediation crew — which typically costs $500–$3,000 for a storage unit depending on size — that expense is recoverable as consequential damages.

Practical steps to protect yourself:

1. Document everything — photograph the mold, the damaged siding, and every ruined item before disposal
2. Get written estimates for professional disposal from at least two companies
3. Send a formal demand letter to the storage company requesting reimbursement for both the property value and disposal costs
4. File in South Carolina Small Claims Court if your total damages (property + disposal + remaining rent) fall under $7,500, which is the jurisdictional limit for magistrate's court

How Does This Relate to Divorce Property?

If these items were stored during a separation or divorce process in South Carolina, the classification of the destroyed property matters. Under South Carolina's equitable distribution framework, marital property damaged or destroyed during separation may still factor into the overall division. If your spouse was responsible for maintaining these items or the storage arrangement was part of a temporary order, consult a family law attorney about whether the loss affects your property settlement.

According to South Carolina divorce statistics, property division disputes are among the most contested issues, and the loss of marital assets — even through third-party negligence — can complicate equitable distribution proceedings.

What Should You Do Next?

Before hiring a disposal crew, send the storage company a written demand via certified mail outlining their negligence and requesting they cover disposal costs. Reference their failure to maintain the unit as advertised. Many facilities will negotiate rather than face a small claims action. Review our South Carolina divorce checklist if this situation intersects with an ongoing separation, and consult an attorney if your total losses exceed the small claims threshold.