New Florida Law Requires Flood Disclosure

Starting October 1, 2025, Florida residential landlords and mobile home park owners must comply with a new requirement under Section 83.512, Florida Statutes:

You must provide a written flood disclosure to tenants prior to or at the signing of any lease 12 months or longer.

What Is Required?

• The flood disclosure must be a separate written document, not embedded in the lease.
• It must use the specific language outlined in the statute.
• The disclosure must be given to all prospective tenants before or at lease signing.

What Counts as a “Flood”?

According to the statute, a flood includes:

• Overflow of inland or tidal waters
• Rapid accumulation of runoff from rivers, streams, or drainage systems
• Periods of standing water from heavy rainfall

This definition is intentionally broad and applies even in areas not officially designated as flood zones.

What Happens If You Don’t Comply?

If a tenant suffers substantial loss or damage to personal property from flooding, and you failed to provide the required disclosure, the consequences may include:

• Liability for the value of the tenant’s damaged personal property
• Loss of the lease: The tenant may terminate the lease by giving written notice and returning possession of the property within 30 days of the loss

What Is “Substantial Loss or Damage”?

Defined by the statute as:

The total cost to repair or replace the tenant’s personal property is 50% or more of its market value on the date of the flooding.

Tip: This could lead to disputes. Keep records, encourage renter’s insurance, and document everything.

What Landlords Should Do Now

1. To avoid noncompliance and liability, landlords should:
2. Review and revise all lease packets for 12+ month rentals
3. Implement a standalone flood disclosure form for new tenants
4. Maintain internal documentation of prior flooding or high-risk areas
5. Train your leasing and property management staff
6. Consult your attorney for document review and risk mitigation

Final Thoughts

This new law is a big deal for Florida landlords. It’s not just another disclosure — it’s tied to financial liability and legal rights under the lease. Failing to disclose flood risks could cost you far more than lost rent.

If you’d like help drafting compliant lease packages, creating disclosure forms, or auditing your rental documents, our team at All American Realty and Investment Group is here to help.

Call us at (850) 374-3744

Or reach out through our contact form