New Requirements for Florida Residential Landlords: Flood Disclosures

Posted on January 7, 2026

In the world of ever-changing climate environments and seemingly worsening hurricanes, Florida’s populated coastal zones are at the forefront. In 2024, Hurricane Helene caused over $1.8 billion in residential damage in Hillsborough County alone[1].   While homeowners wage their own battles with insurance companies after hurricanes, residential tenants face even greater tragedy.  Often, renters whose homes sustain hurricane damage are left with no resources and no way out.  Renter’s insurance does not cover flood damage and many landlords refuse to break leases due to hurricane damage.

The Flood Disclosure Gap for Florida Renters

Over three and a half million households in Florida are renters, an increase of almost 200,000 households since 2019[2].  Most tenants enter into residential leases without knowledge of previous flooding, the existence of any latent defects in their home, or the limitations in renters’ insurance coverage available to them.  In contrast, residential buyers purchasing a home in Florida are entitled to the seller’s required disclosure of any existing defects that are not readily observable[3].

Typically, for home buyers, a property’s tendency to flood and/or location in a flood zone are within the category of required disclosures.  This means that a home purchaser has recourse against a seller who fails to comply with their obligation to disclose the occurrence of a previous flood or the property’s location in a flood zone. However, these same protections do not extend to renters. Unfortunately, residential landlords are not likely to offer up that information voluntarily.

Florida’s New Flood Disclosure Law and Requirement for Residential Landlords

To help protect tenants, the Florida legislature extended similar protections to residential tenants as those afforded to home buyers.  As of October 1, 2025, Florida law requires landlords to provide a Flood Disclosure to all prospective tenants[4].  The form provides the prospective tenant with the following information:

1. The tenant’s renter’s insurance policies do not include coverage for flood damage;
2. Whether the landlord knows of any flood damage that has occurred on any portion of the property or in any related structure during the landlord’s ownership;
3. Whether the landlord has filed an insurance claim for flood damage related to the property; and
4. Whether the landlord has received assistance for flood damage to the property.

If a landlord violates these requirements by omission or material misstatement, and a tenant suffers a substantial loss or damage as a result of landlord’s failure, the tenant may terminate the lease within 30 days of the loss.  In such cases, the landlord must refund all rent and other amounts paid in advance for any period after termination.

What Florida’s New Flood Disclosure Law Means for Tenants and Landlords

In light of the recent hurricanes and loss of homes experienced by many residential renters in Florida in recent years, this change in the law is positive for tenants.  However, this entirely new set of laws to be adhered to by residential landlords may catch some property owners unaware – at substantial expense should the property flood during a residential tenancy.  Residential landlords are encouraged to use the standard residential lease provided by The Florida Bar, available here. These forms are maintained by the organization governing Florida attorneys and may be relied upon by the public to ensure compliance with the ever-changing landscape along our state’s coastline and of state laws governing real estate.

The above is intended to inform firm clients and friends about recent developments in the law, including analysis of statutes and new case decisions. This update should not be construed as legal advice or a legal opinion, and readers should not act upon the information contained herein without seeking the advice of legal counsel.  

[1] https://www.wusf.org/weather/2024-09-30/helene-wrecked-tens-of-thousands-of-homes-in-the-tampa-bay-region-here-are-the-numbers-so-far 

[2] https://thecapitolist.com/florida-rents-have-surged-nearly-40-percent-report-finds/#:~:text=For%20renters%20earning%2030%20percent,every%20three%20years%20since%202001

[3] Johnson v. Davis, 480 So. 2d 625 (Fla. 1985)

[4] Fla. Stat. § 83.512