Flooding Driveway, Our Issue or Theirs?

Question

Hey, and thanks for reading!

We have a rental property in the middle of 30 acres in Indiana. The gravel driveway to the property is probably between a quarter mile and half mile (really long). Recently we've had tons of rain and basically the whole county is under water, roads closed, etc. Renter called this morning and said the drive is too flooded for him to get to work this morning and he wanted us to provide a kayak, boat or something. In his words, we're required to provide him access to the road.

How would you proceed?

We have had flooding issues with the drive before, but he could always get through. It is a county ditch issue that we've already reported.

I do feel bad he can't make it to work. In turn, I'm afraid he will make this an excuse to not pay (or be late) on his rent next month.

Thanks for any advice.

Theresa Harris · Answer

If there is flooding everywhere, what can you do?  If there is a small section of the driveway that is regularly a problem, have some gravel dumped on it to build it up (I'm assuming the driveway is not paved).

Hindsight is great, but if they knew there was a risk of flooding and a part of the driveway that floods, he could have parked his car on a high spot  on the other side of the area that floods.

Jay Hinrichs · Answer

just harken back to the epic flooding in Houston..  the only issue I could see here is the tenant will realize this property has risk and then move out.. not sure if this is annual or a once in 100 year flood..

Tim Herman · Answer

@Amber Patterson What does your lease say? Most concern habitable conditions of the house. I assume you get snow in Indiana. Do you provide snow removal for your tenant. My take this is an ACT of GOD and not in your control. You say the whole county is underwater. Is the county furnishing boats to the people stuck i think not. Is the state paying people if a bridge washes out and it takes them an extra hundred miles to commute. If your tenant does't pay start eviction. Just my opinion. Good luck.

Scott P. · Answer

If you ever wanted a "reasonable and ordinary" business reason to buy a kayak, boat, jet skis, etc. you may have just found it!  Just kidding, of course.  I'm actually sorry to hear about this.  I suspect he'll want to move if he decides flooding is a problem in that area and it may be hard to attract tenants there.  I'm hoping this is a 100 year flood situation as Jay Hinrichs said.

I guess what'd I'd do is offer to let him terminate the lease but also remind him that if he stays he has to pay.  This offer would head off the possibility of him not paying as you suspect he might be tempted to do.

Amber Patterson · Answer

Yes, I agree. It's like renters have a mindset that it's not their property so it's not their responsibility, so they blame us for their problems. Even though we've had very good renters in the past that took upon themselves to call the pros if they had an issue and just get it done. Depends on the person I guess. We did end up finding the guy a kayak to use...what can I say, we're good landlords. Lol

Matt M. · Answer

@Amber Patterson

Act of Nature. Not your problem, especially if there is bad flooding all over.

We had a tenant’s dad call last winter (he is an investor also) when there was widespread power outages. No heat because of no power. He asked what my plan was to get his daughter heat. I said nothing, if I had a plan I’d have heat for myself and the other 20,000 people without. Some people just expect the world from us and it’s all our fault.

Nathan Gesner · Answer

You can't be held responsible for acts of God. If an earthquake opened a chasm and swallowed his car, would that be your fault, too?

Tell him to suck it up.

Scott Mac · Answer

Hi Amber,

Congratulations on having such a hard working tenant.

The request for a boat was probably from his emotion at the time and not a something he seriously intended you to do.

If he were my resident, once the flooding stops, I'd go out to inspect the place and tell him how impressed I was with his commitment to care for his family. Make him feel special about it, and not even bring up the silly boat thing.

Good Luck!

Amber Patterson · Answer

I think he was serious, lol. Apparently he waded through chest high water. So I guess he did make it to work after all today.

Bryan Blankenship · Answer

@Amber Patterson What @Tim Herman said. This isn't an improper drainage issue if everything everywhere is flooded! Your tenant can't possibly be serious about a kayak or boat. How far is his commute? If it's short enough to get there with a kayak on flooded streets, then it's short enough for him to use a bicycle. Maybe tell him that. LOL.

Good luck!

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