Key Changes at a Glance

  • New mandatory written flood disclosure required before signing any residential lease
  • Landlord must disclose prior flood damage, insurance claims, and government assistance received
  • Failure to disclose — with resulting flooding damage — may allow tenant to terminate and recover prepaid rent
  • Codified in Florida Statute §83.512, effective October 1, 2025

Why Florida Created This Law

Florida has the highest flood risk of any state in the continental United States. More than 1.7 million Florida properties face significant flood risk, yet many tenants sign leases without any knowledge of whether the property has flooded before, whether flood insurance claims have been made, or whether the landlord received government assistance after a flood event. Senate Bill 948, signed into law in 2025 and effective October 1, 2025, addressed this gap by creating a mandatory pre-lease flood disclosure requirement — codified at §83.512, Fla. Stat. The requirement applies to all residential rental agreements, including month-to-month and year-to-year leases entered into on or after October 1, 2025.

What Landlords Must Disclose

Before a prospective tenant signs a lease, the landlord must provide a separate written disclosure form that includes:
  • Whether the landlord has knowledge of prior flood damage to the dwelling unit during their ownership
  • Whether any flood-related insurance claims were filed on the property during the landlord’s ownership
  • Whether any government assistance was received for flood damage to the property during the landlord’s ownership (including FEMA assistance, SBA loans, or other disaster-related programs)
Scope of the landlord’s obligation: The disclosure is based on the landlord’s actual knowledge during their period of ownership. A landlord is not required to investigate flood history that pre-dates their ownership. However, if a landlord knows of prior flood events and omits them, that non-disclosure triggers the tenant’s remedies.

What Tenants Can Do If the Disclosure Is Omitted

If a landlord fails to provide the required flood disclosure before lease signing, and the tenant subsequently suffers substantial personal property damage due to flooding, the tenant may have the right to:
  • Terminate the rental agreement — ending the lease without penalty
  • Receive a refund of prepaid rent for the unused portion of the lease term
The tenant must have suffered “substantial personal property damage due to flooding” for these remedies to apply. The statute does not define “substantial,” which will likely be interpreted by courts on a case-by-case basis.
⚠️ The remedy requires actual flood damage. A tenant cannot terminate simply because the landlord failed to provide the disclosure form — the tenant must also have suffered substantial property damage from flooding during the tenancy. The non-disclosure is the gateway; the damage is the trigger.

Practical Steps for Landlords

If you are a residential landlord in Florida with leases signed or renewed on or after October 1, 2025, you must:
  • Add a flood disclosure form to your lease package. This must be a separate document — not buried in the lease itself — completed and signed before the lease is executed.
  • Document the disclosure. Keep a signed copy of the disclosure in your tenant file. If a dispute arises, you need proof the disclosure was provided and signed.
  • Be accurate. If the property has flooded during your ownership, you must disclose it. Landlords with no knowledge of prior flooding should state that clearly on the form.
  • Update your lease addendum package. If you use a standard lease package, add the flood disclosure as a required addendum for all new leases and renewals.

Practical Steps for Tenants

  • Ask for the flood disclosure before you sign. If your landlord does not provide it, ask specifically. A landlord who refuses to provide the required disclosure is violating Florida law.
  • Review the disclosure carefully. If the landlord discloses prior flood damage or insurance claims, factor that into your decision — and into whether you need renter’s insurance with flood coverage.
  • Check FEMA’s flood maps. FEMA’s Flood Map Service Center allows you to search any Florida address to see whether it falls in a designated flood zone.
  • Consider renter’s insurance with flood coverage. Standard renter’s insurance does not cover flood damage. Flood insurance through FEMA’s National Flood Insurance Program or private insurers is available to renters.

Florida’s Hurricane Season Context

This law takes on particular significance given Florida’s hurricane and flood exposure. The 2024 hurricane season — including Hurricanes Helene and Milton — caused widespread flooding in counties that had not experienced significant flood damage in decades. Many properties that flooded had no prior flood history visible to prospective tenants. The new disclosure requirement is directly responsive to the questions raised by that flooding.
ⓘ This article provides general information about Florida’s flood disclosure law. It is not legal advice. If you have specific questions about how this law applies to your lease or property, consult a Florida-licensed attorney.