Hot off the Press: Flood Disclosure Required for Residential Landlords and Mobile Home Park Owners

Effective October 1, 2025, residential landlords will be required to provide flood disclosures to prospective tenants. “Flood” means an overflow of inland or tidal waters; unusual or rapid accumulation of runoff from a river, stream or drainage ditch; or sustained periods of standing water from rainfall. The disclosure is required to be a separate document from the lease agreement and to be provided prior to or at the signing of a lease agreement. This effects lease terms of 12 months or longer. Section 83.512, Florida Statutes provides language required for this separate document.

It is important to note if a landlord fails to comply with this new law and a tenant suffers substantial loss or damage to any personal property from flooding, there are consequences to the landlord. The landlord could be held responsible for the value of the tenants’ loss of personal property. The landlord could also lose the benefit of the lease in that no later than thirty (30) days after the date of loss or damage, the tenant may terminate the lease agreement by giving written notice of termination and surrendering possession of the property to the landlord. It will be important for the tenant to comply with this provision to have an effective termination.

Problems most certainly will arise for the parties when it comes to valuing the tenant’s personal property. “Substantial loss or damage” is defined as the total cost of repairs to, or replacement of, the tenant’s personal property being 50% or more of the personal property’s market value on the date the flooding occurred. Additionally, landlord’s will be required to refund to tenants any rent or other amounts paid in advance under the terms of the Lease Agreement for any period after the effective lease termination date. Tenants are still liable for any delinquent, unpaid rent or other amounts owed prior to the effective date of the termination due to flooding.

The same or similar requirements have been enacted for mobile home park owners renting mobile home lots. Please see Section 723.011, Florida Statutes.

This article is for general information only and is not intended as and does not constitute legal advice or solicitation of a prospective client. It should not be relied on for legal advice in any particular factual circumstance.