A drain pipe disconnected in the crawlspace of a small apartment building. I noticed a musty smell upon doing my routine hallway cleaning (no tenants had complained of smell). Found water in the crawlspace that had resulted in mold that now needs remediation. 2 units need to vacate for 4 days during the remediation per the remediation company (to avoid cross contamination, vapors, and so they can air scrub the 2 lower units). Tenant has renter's insurance, but says it doesn't cover them staying in a hotel for 4 days. Tenant also says they wouldn't file a claim even if it did. We offered to deduct 4 days of prorated rent for the next month to help with hotel cost. Tenant says they don't have the money to stay in a hotel (nor family/friends in the area to stay with) and are not leaving unless we pay for them to stay in a hotel.

Our lease states tenant agrees to allow us to take appropriate corrective action in regards to mold/mildew/moisture conditions. It also states we will not be liable to Tenant for any disruptions or inconvenience to Tenant as a result of damages or repairs.

I believe these are our options:

1) Pay for the hotel (caveat here is that one other unit has to leave during this time and is being very cooperative). I think if we go this route, we should also offer to pay for the other unit, so this option is a double cost.

2) Deduct the cost of the hotel from their security deposit and pay for the hotel (this avoids having to also pay for the other cooperative tenant's hotel too)

3) Tell them they are in default of their lease if we are unable to start the remediation as scheduled and file for eviction. I know this allows more time for the problem to worsen in the crawlspace, so I'm not sure this allows us to preserve the property well.

Tenant won't leave for mold remediation

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