Free Texas Flood Disclosure
Required Texas flood notices under Property Code Section 92.0135, as amended by S.B. 2349 (2025), effective 1 September 2025. Give the tenant the 100-year floodplain awareness notice and, where the landlord knows of it, the five-year flooding notice — and have both parties sign.
Free Texas Flood Disclosure — overview
A Texas Flood Disclosure delivers the notices Texas Property Code Section 92.0135 requires a residential landlord to give a tenant. The section was amended by S.B. 2349 (Acts 2025, 89th Leg., R.S., Ch. 78), effective 1 September 2025. The form on this page reproduces both statutory notices in substantially the prescribed wording, with signature lines for the landlord and the tenant as Section 92.0135(e) requires.
Complete the Disclosure Form
Complete the form below to generate a comprehensive Texas Flood Disclosure. The form produces a multi-page PDF in legal-document format with all sections, signature lines, and tenant acknowledgment. Both parties should sign the printed copy.
1. Rental Property
2. Flood Zone and Flooding History
3. Tenant Information
4. Landlord Information
5. Tenant Acknowledgment
About Texas Flood Disclosure
Texas Property Code Section 92.0135 requires a residential landlord to give the tenant a written notice substantially equivalent to the statutory wording stating whether the landlord is or is not aware that the dwelling is located in a 100-year floodplain — defined in Section 92.0135(a)(1) as an area designated by FEMA under the National Flood Insurance Act of 1968 as a flood hazard area with a one percent or greater chance of flooding each year. Separately, under Section 92.0135(d), if the landlord knows that flooding has damaged any portion of the dwelling at least once during the five-year period immediately preceding the effective date of the lease, the landlord must give a second written notice, again in substantially the prescribed wording, stating whether the landlord is or is not aware that the dwelling has flooded at least once within the last five years. Section 92.0135(c) relieves the landlord of disclosing awareness of a 100-year floodplain location where the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations.
Texas’s Flood Disclosure Framework
- Disclosure statute: Texas Property Code Section 92.0135, amended by S.B. 2349 (Acts 2025, 89th Leg., R.S., Ch. 78), effective 1 September 2025
- Lookback period: the five-year period immediately preceding the effective date of the lease, and the second notice is required only where the landlord knows flooding damaged some portion of the dwelling in that period
- Form of delivery: in a paragraph of the lease, as an addendum, or in a separate written document given at or before execution — and the landlord and tenant must both sign the document containing a required notice (Section 92.0135(e))
- Not required for: a lease with a term of less than 30 days, or a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies it after closing for a specific term not greater than 90 days (Section 92.0135(a-1))
- Tenant remedy: where the landlord violates the section and the tenant suffers a substantial loss or damage to personal property from flooding — total repair or replacement cost of 50 percent or more of that property’s market value on the date the flooding occurred — the tenant may terminate by written notice to the landlord not later than the 30th day after the loss, effective on surrender of possession, and the landlord must refund all advance rent within 30 days of the effective date of termination (Section 92.0135(f), (g)). Section 92.0135(h) leaves the tenant liable for rent and other sums owed before termination
What the Disclosure Covers
- Whether the landlord is or is not aware the dwelling is located in a 100-year floodplain
- Whether the landlord is or is not aware the dwelling has flooded at least once within the last five years
- The statutory reminders that a dwelling outside a 100-year floodplain may still flood, that FEMA publishes a free address-searchable flood map, and that most tenant insurance policies do not cover flood loss
- Signature of both the landlord and the tenant evidencing provision and receipt of the notice
- Optional supplements this form also captures, which the statute does not require: the FEMA flood zone letter, a narrative flood history, and flood insurance status
Tenant Reporting Responsibilities
Texas tenants should review both notices carefully and keep the signed copy. Section 92.0135(b) itself tells the tenant that if neither box is checked the tenant should assume the dwelling is in a 100-year floodplain, that a dwelling outside a 100-year floodplain may still be susceptible to flooding, that FEMA maintains a free address-searchable flood map on its website, and that most tenant insurance policies do not cover flood damage. Texas, especially the Gulf Coast and inland flood-prone regions, experiences frequent flooding from hurricanes, tropical storms, and heavy rain. Consider personal flood insurance through NFIP or private carriers.
Related Resources
- Texas habitability laws
- Texas landlord tenant laws
- Texas tenant screening laws
- Texas security deposit laws
- Texas eviction notice laws
- Habitability laws by state
Frequently Asked Questions
How many flood notices does Texas actually require?
Two, and they are triggered separately. Texas Property Code § 92.0135(b) requires every residential landlord to give the tenant a written notice substantially equivalent to the statutory wording stating whether the landlord is or is not aware the dwelling is located in a 100-year floodplain. Section 92.0135(d) requires a second notice — again in substantially the prescribed wording — only if the landlord knows flooding has damaged any portion of the dwelling at least once during the five-year period immediately preceding the effective date of the lease. The first notice is universal; the second depends on the landlord’s actual knowledge of past flood damage.
What counts as a 100-year floodplain, and what counts as flooding?
Both terms are defined in the statute rather than left to common usage. Section 92.0135(a)(1) defines a 100-year floodplain as any area of land designated as a flood hazard area with a one percent or greater chance of flooding each year by FEMA under the National Flood Insurance Act of 1968, 42 U.S.C. § 4001 et seq. Section 92.0135(a)(2) defines flooding as a general or temporary condition of partial or complete inundation of a dwelling caused by the overflow of inland or tidal waters, the unusual and rapid accumulation of runoff or surface water from an established water source, or excessive rainfall.
How must the notices be delivered, and does anyone have to sign?
Section 92.0135(e) gives three delivery options: the notice may be included in a paragraph of the lease, attached as an addendum to the lease, or given to the tenant in a separate written document — in every case at or before execution of the lease. The same subsection then adds a signature requirement that is easy to miss: the landlord and tenant must sign the document containing a required notice to evidence the provision and receipt of the notice. A notice that was delivered but never signed by both parties does not meet the subsection as written.
Are any tenancies exempt from the flood notices?
Yes. Section 92.0135(a-1) provides that the notices under subsections (b) and (d) are not required for a tenant under a lease with a term of less than 30 days, or under a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies it after closing for a specific term not greater than 90 days. Those are narrow carve-outs. An ordinary month-to-month tenancy is not a lease with a term of less than 30 days and is not exempt, so give the notices for month-to-month arrangements.
Does an elevated dwelling still need the floodplain notice?
Section 92.0135(c) provides that, notwithstanding subsection (b), a landlord is not required to disclose on the notice that the landlord is aware the dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations. Read the relief narrowly: it removes the requirement to disclose awareness of the floodplain location, and it depends on elevation performed in accordance with federal regulations. It is not a general exemption from § 92.0135, and it does not touch the separate five-year flooding notice under subsection (d).
What happens if the landlord skips the flood disclosure?
Section 92.0135 does not impose a flat statutory penalty. Instead § 92.0135(f) provides that if a landlord violates the section and the tenant suffers a substantial loss or damage to personal property as a result of flooding, the tenant may terminate the lease by written notice to the landlord not later than the 30th day after the date the loss or damage occurred, effective when the tenant surrenders possession. The same subsection defines substantial loss as total repair or replacement cost of 50 percent or more of the personal property’s market value on the date the flooding occurred.
If a tenant terminates under this section, what does the landlord owe?
Section 92.0135(g) requires the landlord, not later than the 30th day after the effective date of the termination, to refund to the tenant all rent or other amounts paid in advance under the lease for any period after the effective date of the termination. The obligation runs to advance payments for the post-termination period, not to the whole tenancy. Section 92.0135(h) then preserves the landlord’s side of the ledger: the section does not affect the tenant’s liability for delinquent, unpaid rent or other sums owed to the landlord before the date the lease was terminated.
Does the notice have to use the statute’s exact wording, and what if neither box is checked?
Subsections (b) and (d) call for a notice “substantially equivalent” to the quoted language, so precise transcription is not demanded — but the safest course is to reproduce the statutory paragraph, since it carries several messages the statute puts in the tenant’s hands. The prescribed text tells the tenant that if neither box is checked the tenant should assume the dwelling is in a 100-year floodplain, that a dwelling outside a floodplain may still be susceptible to flooding, that FEMA maintains a free address-searchable flood map, and that most tenant insurance policies do not cover flood losses.
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⚖ Legal Disclaimer
This form is provided for general informational purposes only and does not constitute legal advice. For current Texas flood disclosure rules, review Texas Property Code Section 92.0135 and consult Texas Water Development Board. Consult a qualified Texas attorney for advice specific to your situation.
