🌊 Texas Flood Disclosure

📚 Flood Disclosure Guide

Texas Flood Disclosure Requirement

Texas Property Code § 92.201 requires landlords to disclose:

• Flood zone status: Whether property is in 100-year floodplain
• Flood history: Any flooding in past 5 years
• Written disclosure: Must be in writing, not just oral
• Before lease signing: Tenant must receive disclosure before executing lease
• Tenant acknowledgment: Tenant should sign acknowledging receipt

Understanding FEMA Flood Zones

FEMA designates flood zones based on flood risk:

How to Determine Property’s Flood Zone

Steps to find flood zone designation:

1. Visit FEMA Map Service Center: msc.fema.gov
2. Enter property address: Search by street address
3. View flood map: Interactive map shows flood zones
4. Identify zone: Property marked with zone designation (A, AE, X, etc.)
5. Note panel number: FEMA map panel number (for disclosure)
6. Check effective date: Date of current flood map
7. Print/save: Keep copy for records

Alternative methods:

• Contact local floodplain administrator (city/county office)
• Hire surveyor to provide elevation certificate
• Check with title company (may have flood zone info)
• Review property disclosure from when landlord purchased

Flood History Disclosure

Must disclose flooding within past 5 years:

• What counts as “flooding”:
  • Water entering the dwelling
  • Not just standing water in yard
  • Any water damage inside structure
• Information to include:
  • Date(s) of flooding
  • Cause (hurricane, heavy rain, river overflow)
  • Depth of water inside
  • Areas affected
  • Damage sustained
  • Repairs made
• Major Texas flood events to check:
  • Hurricane Harvey (2017)
  • Memorial Day Flood (2015)
  • Hurricane Ike (2008)
  • Local flood events

National Flood Insurance Program (NFIP)

Renter’s flood insurance:

• What it covers:
  • Personal property (furniture, clothes, electronics)
  • Up to $100,000 coverage available
  • Does NOT cover vehicle
• What it doesn’t cover:
  • Building structure (landlord’s responsibility)
  • Basement contents (limited coverage)
  • Cars, boats
  • Currency, precious metals
• Cost:
  • High-risk zone: $300-$500/year typical
  • Low-risk zone: $100-$300/year
  • Much cheaper than homeowner’s flood policy
• How to obtain:
  • Visit FloodSmart.gov
  • Contact insurance agent
  • Compare NFIP vs. private flood insurance
• 30-day waiting period:
  • Policy doesn’t start immediately
  • Purchase well before move-in
  • Exception: Required for new mortgage

When Disclosure Is Required

Timing of disclosure:

• BEFORE lease signing: Must provide before tenant executes lease
• Best practice: Provide with lease application or rental listing
• New leases: Required for all new tenancies
• Renewals: Should update if flood status changes
• Month-to-month: Provide before tenancy begins

Penalties for Non-Disclosure

Consequences if landlord fails to disclose:

• Tenant may terminate lease: Can end lease without penalty
• Move-out rights: Tenant can move immediately if discovers non-disclosure
• Liability for damages: Landlord may be liable if tenant’s property damaged
• Good faith defense: Landlord must have actual knowledge to be liable

Common Questions

Q: Property is in flood zone but has never flooded. Still must disclose?

A: YES. Must disclose flood zone status regardless of whether property has actually flooded.

Q: Property flooded 6 years ago. Must disclose?

A: NO. Law only requires disclosure of flooding within past 5 years.

Q: Property floods but only yard, not inside dwelling. Must disclose?

A: Technically no if water never entered dwelling. But good practice to mention.

Q: Landlord doesn’t know flood zone. What to do?

A: Must research and determine flood zone status. Check FEMA map or state “Unknown – need to verify.”

Best Practices