Florida’s New Flood Disclosure Law for Landlords and Tenants: What You Need to Know

As Florida continues to experience heavy rainfall, rising tides, and storm events, understanding flood risk has never been more important — especially for rental properties. A new state law, Florida Statute §83.512, went into effect to ensure tenants are informed about potential flood hazards before signing a lease.

Here’s what both landlords and renters in Pinellas County need to know.

Flood Disclosure Now Required for Long-Term Leases

Under Section 83.512, Florida Statutes, landlords must now complete and provide a flood disclosure to prospective tenants of residential property at or before signing a rental agreement lasting one year or longer.

The law requires that the disclosure be provided as a separate document, using the following format:

FLOOD DISCLOSURE

Flood Insurance: Renters’ insurance policies do not include coverage for damage resulting from floods. Tenant is encouraged to discuss the need to purchase separate flood insurance coverage with Tenant’s insurance agent.

1️⃣ Landlord has ☐ has no ☐ knowledge of any flooding that has damaged the dwelling unit during Landlord’s ownership.
2️⃣ Landlord has ☐ has not ☐ filed a claim with an insurance provider relating to flood damage, including, but not limited to, a claim with the National Flood Insurance Program.
3️⃣ Landlord has ☐ has not ☐ received assistance for flood damage to the dwelling unit, including, but not limited to, assistance from the Federal Emergency Management Agency.
4️⃣ For the purposes of this disclosure, “flooding” means a general or temporary condition of partial or complete inundation of the dwelling unit caused by:

• Overflow of inland or tidal waters;

• Rapid accumulation of runoff or surface waters from any established water source, such as a river, stream, or drainage ditch;

• Sustained periods of standing water resulting from rainfall.

Tenant Rights Under the New Law

If a landlord fails to provide the required flood disclosure, and the tenant later suffers substantial loss or damage to personal property due to flooding, the tenant may terminate the rental agreement.

Under the statute:

• “Substantial loss or damage” means the total cost of repairs or replacement is 50% or more of the property’s market value at the time of flooding.

• The tenant must provide written notice of termination and surrender possession of the dwelling within 30 days after the flooding event.

• Upon termination, the landlord must refund any rent or payments made for periods after the termination date.

• However, tenants remain responsible for any unpaid rent or charges owed before termination.

This provision ensures tenants have legal recourse if flooding causes major loss — particularly in cases where a landlord did not properly disclose known flood risks.

Why This Law Matters in Pinellas County

Pinellas County is surrounded by water and includes many low-lying neighborhoods that face regular flood risks from storms, heavy rainfall, and high tides. Communities in St. Petersburg, Clearwater, Gulfport, and Largo often experience standing water after strong storms or king tides.

For landlords, complying with this law isn’t just about avoiding penalties — it’s about transparency, safety, and trust. Providing a proper flood disclosure helps potential tenants make informed decisions and can prevent disputes down the road.

For tenants, this law ensures access to important information before committing to a lease, empowering renters to plan for flood insurance or other precautions as needed.

Key Takeaways

• Landlords must provide a separate written flood disclosure before signing a lease of one year or longer.

• Tenants have the right to terminate the lease if undisclosed flooding causes substantial loss.

• Honesty and documentation protect both parties — landlords should keep records of any past flooding, claims, or assistance received.

• Both landlords and tenants should understand that standard renters’ insurance does not cover flood damage.

Learn More

You can read the full text of the law here:
➡️ Florida Statute §83.512 – Disclosure of Flood Risks to Prospective Tenant of Residential Real Property

Disclaimer

This post is provided for informational purposes only and does not constitute legal advice. Real estate laws can change, and individual circumstances vary. For guidance on your specific situation, please consult a licensed Florida attorney, real estate broker, or property manager familiar with landlord-tenant law.