Our driveway floods when we have heavy rains, when we moved in, my landlord said it floods usually once a year; however, it has already flooded 6 times this year and it's only April. My kids have missed 5 days of school because of it and I have missed as much work. There used to be an alternate access to the house, is my landlord required to make sure we can get in and ou8t of our home? What if one of my kids was seriously ill or injured, I would have to have life flight come to get them! Please advise!!

Simple answer is no. Traveling across other peoples land requires their permission and an easement. That is beyond your landlords ability or right to impose. You rented the house in a certain condition. You can't demand a new access be created any more than you can demand an addition or garage be built.

We live on farm land, which is all owned by our landlord. At one time there was an alternate access, but they closed it down. So it wouldn't be going across anyone else's property.

Or at minimal, make the existing drive accessible by building a bridge?

Who is going to pay for that? Bridges have to comply with county state and Federal codes (even on your own property) and costs tens of thousands to build even across a stream... much less maintain... to build a roadbed takes many tons of gravel... at no small expense... who is going to pay for that?

Are you willing to pay the full costs of these? If so then tell your landlord. If you pay the costs I'm sure he would not object.

Don't know where you live but in IL its been the wetest April in 100 years and its raining again today. LL not responsible for acts of God or nature. You can ask him to provide an alternate but would the school bus make the extra route changes just when its wet, likely not but you could ask that of the school

Without being there, it's hard to imagine the situation - you can't wear boots and maybe go out another door and across some lawn or field?

If you think that by showing Small Claims court why you should be reimbursed some rent, then feel free to file. The fee will be about $50 - 75 depending on your state and you are awarded it if you win.

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Originally Posted by joypulv

Without being there, it's hard to imagine the situation - you can't wear boots and maybe go out another door and across some lawn or field? ...

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I agree.

Too many people seem to be unable to walk 100 yards.

But, as Joy says, we don't know the layout. Is the place on an island when it floods? Is this flooded spot a river or a mud puddle?

You need to define what you mean by flooding. How deep? Is the driveway gravel or dirt? What type of car do you drive? What is causing the flooding, stream, river, poor drainage?

And there is always moving - a viable option.

I owned rental property. Some of it was in rural areas. I would not build a bridge for any of my tenants in case of an emergency during a particularly wet period.

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Originally Posted by WENDYT03

There used to be an alternate access to the house, is my landlord required to make sure we can get in and ou8t of our home?

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Hello W:

I agree with smoothy. The short answer is no. You say the landlord took away the only other access you had. That was time to complain. If you had rights to secondary driveway, and you didn't fight for them back then, you LOST them.

excon

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Originally Posted by excon

I agree with smoothy. The short answer is no. You say the landlord took away the only other access you had. That was time to complain. If you had rights to secondary driveway, and you didn't fight for them back then, you LOST them.

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They are renting the place.

If LL removed alternate access 3 months ago, and the primary access worked fine, they didn't have the right to complain then.

They can only complain when they can't get to or from the house.

And, as I read it, the LL took away the alternate access long before they entered the picture anyway.