Flood history and floodplain disclosure (Texas)
Legal advice recommended before use.
Texas law requires residential landlords to give tenants written notice, before or at signing, of (a) whether the unit is known to be located in a 100-year FEMA floodplain, and (b) whether the unit has flooded in the last 5 years (Tex. Prop. Code § 92.0135). If the landlord fails to give this disclosure and the tenant later suffers substantial flood damage to their personal property, the tenant may terminate the lease within 30 days of that damage and is entitled to a refund of any advance rent for the period after termination, within 30 days. Use this checkbox-style disclosure at or before signing — this is a Texas-specific document with no NYC or LA equivalent.
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This is a plain-language copy of the required disclosure content, not necessarily the exact statutory form text — confirm your notice satisfies Tex. Prop. Code § 92.0135 in full. This is a template, not legal advice.
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Frequently asked questions
When must a Dallas-Fort Worth landlord give this disclosure?
Before or at the time the lease is signed, under Tex. Prop. Code § 92.0135.
What exactly must be disclosed?
Two things: whether the unit is known to be located in a FEMA 100-year floodplain, and whether the unit has flooded within the last 5 years, each with a checkbox-style notice.
What if the unit floods after I move in?
The termination right under Tex. Prop. Code § 92.0135(f) applies specifically when your landlord violated this disclosure requirement and you then suffer substantial loss or damage to your personal property from flooding (repair/replacement cost at least 50% of its market value). In that case you can terminate the lease within 30 days of the damage, and your landlord must refund any advance rent for the period after termination within 30 days.
Does this apply to every rental in Dallas-Fort Worth?
The disclosure requirement is a statewide Texas Property Code requirement, not a Dallas- or Fort Worth-specific ordinance; we are not aware of a verified city-specific floodplain rental ordinance beyond this state law.
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