Florida Residential Flood Disclosure Law (2025)

Overview

Starting October 1, 2025, Florida has expanded its flood disclosure requirements for residential real estate transactions, rental properties, and condominium developments. These legal changes aim to increase transparency around flood risks and flood damage history to better protect buyers, tenants, and renters from unexpected losses due to flooding.

The new law builds on Florida Statute §689.302, which required sellers to disclose flood insurance claims and federal flood damage assistance, by adding broader disclosure obligations for sellers, landlords, and developers regarding flood damage and flood-related assistance received during their ownership of the property.

Key Provisions of the 2025 Flood Disclosure Law

Sellers of Residential Real Property

Sellers must provide prospective buyers with a flood disclosure statement that includes:

  • Any known damage caused by flooding during the seller’s ownership of the property.
  • Whether any flood damage insurance claims have been filed for the property, including claims made to federal, state, or private insurers.
  • Whether any flood-related disaster assistance has been received for the property from any source.

This disclosure occurs before the sale contract is completed, ensuring buyers have a clear understanding of flood risks and prior issues associated with the property.

Landlords and Residential Rental Properties

For residential leases lasting one year or more, landlords must provide prospective tenants with a flood disclosure form at or before lease execution. The form must:

  • Inform tenants that standard renter’s insurance does not cover flood damage and that separate flood insurance may be necessary.
  • Disclose any known flood damage to the dwelling unit during the landlord's ownership.
  • Indicate whether flood damage insurance claims were filed, including with the National Flood Insurance Program.
  • Note any flood-related assistance received to repair the property, including from FEMA or other agencies.

If a landlord fails to disclose this information, and a tenant suffers substantial flood damage to personal property, the tenant may have the right to terminate the lease and be refunded rent paid for the period after lease termination.

Condominium and Cooperative Developers

Developers are required to disclose the flood history and damage of residential condominium or cooperative units, including:

  • Any flood damage occurring during the developer’s ownership.
  • Any flood insurance claims filed.
  • Any flood-related assistance received.

This disclosure must be made before the long-term purchase or lease agreement is executed.

Definition of Flooding

The law defines flooding as the general or temporary condition of partial or complete inundation caused by:

  • Overflow of inland or tidal waters.
  • Unusual and rapid accumulation of runoff or surface waters.
  • Sustained standing water resulting from rainfall.

Consequences of Non-Compliance

Failure to comply with these flood disclosure obligations can have serious repercussions:

  • Buyers may rescind purchase contracts or seek damages.
  • Tenants may terminate leases and recover prepaid rent.
  • Sellers or landlords may face legal claims for nondisclosure.

Frequently Asked Questions (FAQ)

Q: When does this flood disclosure law take effect?
A: October 1, 2025, for sellers, landlords, and developers of residential property.

Q: Who must provide the flood disclosure?
A: Sellers of residential properties, landlords of residential rentals (leases of one year or more), and condominium/cooperative developers.

Q: What information must be disclosed?
A: Known flood damage during ownership, flood insurance claims (federal, state, or private), and flood-related assistance received.

Q: What if a landlord fails to disclose flood history?
A: Tenants may terminate the lease, receive refunds of prepaid rent after termination, but remain responsible for rent prior to termination.

Q: Does this law apply to commercial properties?
A: The primary focus is on residential properties, including rentals and condominiums.

Q: How is “flooding” defined under the law?
A: Flooding means partial or complete inundation from overflowing waters, runoff, or sustained rainfall.

Call to Action

If you are selling, leasing, or developing residential property in Florida, it is crucial to understand and comply with these new flood disclosure requirements to avoid legal pitfalls.

For expert legal guidance on Florida’s flood disclosure law, contact our office today at: 833-918-1877

Our experienced real estate attorneys are ready to help you navigate these disclosures confidently and protect your interests.

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