Texas Floodplain Notice Law 2025: Landlords Must Disclose Whether the Property Is in a 100-Year Floodplain

The law requires disclosure of both whether the property sits in a FEMA-mapped 100-year floodplain and whether it's flooded at least once in the 5 years before the lease begins.

[Cite: Tex. Prop. Code 92.0135, as added by SB 2349, 89th Leg., R.S.]

Those are 2 separate factual questions; a property might sit outside a mapped floodplain yet still have flooded from a localized or unusual event, or might sit squarely within a mapped floodplain without having actually flooded recently. A landlord has to address both pieces, not just whichever one happens to apply more clearly.

Both required disclosures are framed in terms of whether the landlord is aware of the floodplain status or the flooding history, rather than requiring the landlord to independently investigate and guarantee a specific fact.

[Cite: Tex. Prop. Code 92.0135]

That awareness-based framing means a landlord has to disclose what they actually know; it doesn't create an independent duty to commission a flood study or hydrological survey before every lease signing, though a landlord who does have knowledge has to share it accurately.

The disclosure uses the FEMA-mapped 100-year floodplain designation, meaning an area with roughly a 1% chance of flooding in any given year.

[Cite: Tex. Prop. Code 92.0135]

That's a specific, externally defined standard tied to FEMA's own flood mapping; a landlord can check a property's status against FEMA's published flood maps rather than relying on a vaguer or more subjective sense of flood risk.

The flooding-history disclosure specifically covers flooding within the 5 years before the lease begins, not flooding at any point in the property's history.

[Cite: Tex. Prop. Code 92.0135]

That defined window gives both landlords and tenants a clear boundary; a flood that occurred 7 years ago, outside this window, doesn't trigger a disclosure obligation under this specific provision, even though a landlord aware of it might still choose to mention it voluntarily.

A lease under 30 days is exempt from this disclosure requirement.

[Cite: Tex. Prop. Code 92.0135]

That exemption reflects the practical reality of very short-term occupancy, where the underlying purpose of a longer-term flood-risk disclosure, helping a tenant make an informed decision about an extended living arrangement, carries less weight for a brief stay.

Temporary occupancy tied to a contract for sale with a term of 90 days or less is also exempt from this disclosure requirement.

[Cite: Tex. Prop. Code 92.0135]

That exemption targets a specific, narrower scenario, someone occupying a property temporarily while a sale is pending, rather than a standard rental arrangement; a longer temporary occupancy period tied to a sale contract, beyond 90 days, wouldn't fall within this specific exemption.

The notice can be provided as part of the lease itself, as a separate addendum, or as a standalone written document.

[Cite: Tex. Prop. Code 92.0135]

That flexibility lets a landlord choose whichever format fits their existing leasing process; a property manager with a standardized lease template might prefer building the disclosure directly into that document, while another might prefer a separate addendum used consistently across all properties.

Regardless of which of the 3 formats is used, the document containing the notice has to be signed by both the landlord and the tenant.

[Cite: Tex. Prop. Code 92.0135]

That signature requirement is what actually makes the disclosure enforceable; a landlord who includes the floodplain language somewhere in paperwork that never gets signed by both parties hasn't satisfied this requirement, regardless of which delivery format was attempted.

This requirement applies to new leases and renewals signed on or after September 1, 2025.

[Cite: SB 2349, 89th Leg., R.S.]

A landlord with an existing tenant renewing a lease after the effective date has to provide this disclosure as part of that renewal, even if the original lease predates the law and never included it; the obligation attaches at the point of signing, whether that's a brand-new lease or a renewal.

Since the floodplain disclosure is tied to FEMA's specific 100-year floodplain designation, a landlord should check a property's actual status against FEMA's published maps rather than assuming based on general neighborhood reputation or past personal experience.

[Cite: Tex. Prop. Code 92.0135]

A property that seems unlikely to flood based on casual observation might still fall within a FEMA-mapped floodplain, and a landlord's disclosure obligation depends on what FEMA's mapping actually shows, not on an informal assessment of flood risk.

The practical starting point is building the 100-year floodplain and 5-year flooding-history disclosures directly into standard lease templates, or creating a consistent addendum used across all applicable properties.

For any property near water or in a historically flood-prone area, checking current FEMA flood maps and any known flooding history before every new lease or renewal signing keeps the disclosure accurate and the signed documentation complete.