Florida landlords are increasingly required to disclose flood risk to tenants. A 2023 state law created a specific flood disclosure requirement for residential rental properties, and best practices for proactive landlords go significantly beyond what the law minimally requires. Understanding current disclosure requirements -- and going beyond the minimum -- protects landlords from future liability and gives tenants the information they need to make informed decisions about their rental.
The 2023 Florida Flood Disclosure Law (HB 1185)
Florida HB 1185, which took effect October 1, 2023, requires residential landlords to disclose in writing whether the rental property has experienced flooding during the three years preceding the start of the tenancy. Key provisions of the law:
What Must Be Disclosed
If the property has experienced flooding from any external source during the three years prior to the commencement of the tenancy, the landlord must disclose this in writing to the prospective tenant. The disclosure must be signed by the tenant and must be included with or attached to the lease agreement.
Definition of Flooding Under the Law
For purposes of the HB 1185 disclosure requirement, flooding means water intrusion not caused by a plumbing malfunction or appliance failure. Water that entered the property from an external source -- through the roof, walls, windows, doors, or from ground-level water accumulation -- qualifies as flooding under this definition. A toilet overflow or supply line failure does not qualify.
What the Law Does Not Require
Importantly, the 2023 Florida flood disclosure law does not require landlords to investigate or disclose the property's FEMA flood zone designation. The law requires disclosure only of known historical flooding during the three-year lookback period. A property can be in a high-risk Special Flood Hazard Area without having flooded in the past three years, and the law does not require the landlord to disclose that flood zone status.
Understanding FEMA Flood Zones
While the 2023 law does not require disclosure of FEMA flood zone designations, Florida landlords should understand these designations and what they mean for tenants and for landlord insurance obligations:
- Zone AE and Zone A: High-risk Special Flood Hazard Areas (SFHAs). Properties in these zones have a 1% annual chance of flooding (the "100-year flood" standard). Federally-backed mortgages on properties in these zones require flood insurance.
- Zone VE: High-risk coastal flood zones subject to wave action in addition to inundation. The highest-risk designation for coastal Florida properties.
- Zone X (shaded): Moderate flood risk -- 0.2% annual chance of flooding. Flood insurance is not required by lenders but is available.
- Zone X (unshaded): Minimal flood risk. However, significant percentages of NFIP flood claims come from properties in Zone X.
Landlords can check the flood zone designation for any property at the FEMA Flood Map Service Center at msc.fema.gov.
Best Practices: Going Beyond the Minimum
The minimum legal requirement -- disclosing known flood history in the past three years -- is a floor, not a ceiling. Florida landlords who want to minimize future liability and provide genuinely useful information to tenants should consider the following best practices:
Disclose the FEMA Flood Zone Designation
Even though the law does not require it, disclosing your property's FEMA flood zone designation in writing at lease signing creates a documented record that the tenant was informed of flood risk. A tenant who later claims they were unaware of flood risk has a much weaker position if you have a signed disclosure acknowledging the flood zone.
Provide a Reference to the Flood Map
Direct tenants to the FEMA Flood Map Service Center (msc.fema.gov) and encourage them to look up the property themselves. This demonstrates transparency and reinforces that the tenant had access to all available flood risk information.
Advise Tenants About Renters Flood Insurance
Standard renters insurance policies do not cover flood damage to tenants' personal belongings. This is a critical gap that most tenants do not know about until they file a claim and are denied. Advise tenants in writing that renters insurance excludes flooding and that they may want to consider obtaining renters flood insurance through the National Flood Insurance Program (NFIP) or the private market if they have valuable personal property.
Document All Disclosures with Tenant Signature
Include all flood-related disclosures in the lease or as a signed addendum. Keep copies of the signed disclosure with the lease file. If a tenant later claims they were not informed of flood risk, a signed disclosure is your primary defense.
If your property flooded in the past three years and you do not disclose that history to a new tenant in writing, you are in violation of HB 1185. A tenant who suffers property damage from flooding and later discovers you knew the property had flooded before -- but did not disclose it -- has a strong basis for a legal claim. The disclosure requirement exists precisely to prevent this situation.
Insurance Implications for Landlords
Flood zone designation affects landlord insurance requirements and costs in two important ways:
Mortgage-Required Flood Insurance
If your rental property has a federally-backed mortgage (Fannie Mae, Freddie Mac, FHA, VA, USDA) and is located in a Special Flood Hazard Area (Zone AE, A, or VE), your lender requires you to maintain flood insurance as a condition of the loan. This is typically satisfied through an NFIP policy, though private flood insurance is increasingly accepted by lenders.
NFIP Coverage Limits
NFIP policies for residential structures cap at $250,000 for the building and $100,000 for contents. For higher-value rental properties, the NFIP maximum may be insufficient to cover the full replacement cost of the structure. Many Florida landlords need excess flood coverage from the private surplus lines market above the NFIP limits.
Create a standard flood disclosure addendum that includes the property's known flood history, the FEMA flood zone designation, a link to the FEMA flood map, and a statement that renters insurance does not cover flooding. Have every tenant sign the addendum at lease signing and retain a copy in the lease file. This takes five minutes and provides substantial legal protection.
Track your flood disclosure records in LossHQ
Keep signed flood disclosures, FEMA flood map documentation, and flood insurance records organized alongside your property files.
Start Free -- No Card Required ->The Bottom Line
Florida's 2023 flood disclosure law requires landlords to disclose known flood history in writing at lease signing. But the minimum is not enough -- proactive landlords should also disclose the FEMA flood zone designation, reference the FEMA flood map, and advise tenants that renters insurance does not cover flood damage to their belongings. All disclosures should be in writing and signed by the tenant. For related guidance, see Florida flood zones and rental properties, Florida flood insurance vs. hurricane insurance, and requiring renters insurance in Florida.