Do tenants need to be relocated during mold eradication?

Q: I'm a landlord and I'm looking to see what my obligations are to a tenant with a recent water leak that resulted in mold. We are currently working with a water mitigation and mold company to fix the problem. The leak has been fixed, and the mold removal company is working on testing and treating the mold, getting the wall taken down and replaced.

This happened along a wall in the kitchen where her sink is, so the cabinets and sink are being removed to fix the mold problem. Once the lab result comes back and confirms it's mold then the proper steps will be taken to fix the issue.

I haven't spoken to the mold staff who treat the problem yet, as we are waiting for lab confirmation. What is my responsibility as a landlord to the tenant? Do I need to provide different housing?

A: Minnesota law requires landlords to follow basic maintenance requirements that are called covenants of habitability. These covenants or promises consist of keeping the rental unit in reasonable repair, fit for the use intended and compliant with all safety and health codes.

You've addressed the mold issue and are making the necessary repairs, so you are handling the problem well so far. Since the mold removal company is removing a kitchen wall, sink and cabinets, your tenant's apartment most likely becomes unlivable at that point.

Without seeing the space, it is difficult for me to determine. Your responsibility as a landlord is to provide adequate housing for your tenant so that you are not in breach of the lease.

Mold is tricky and very often it can be removed without taking down a wall, so in those cases many tenants remain in the rental unit. In this case, you should wait and find out from the mold removal company how long and extensive the mold eradication will be.

Many tenants will want to remain in the unit, especially if they aren't around during the day while the workers are there. However, with a wall removal that may not be possible. You should keep an open line of communication with your tenant since this is a big inconvenience for them and you don't want to be in breach of the lease.

If there is a friend or family member they want to move in with while the work is being done, instead of moving apartments, you could give them a reduction on their rent or waive payment for the month.

Your responsibility as a landlord is to provide adequate housing. If the tenant cannot remain in the place while the work is being done, you need to find alternative housing for the tenant or let them out of the lease, and you should compensate them for the inconvenience.