Florida Flood Disclosure Form | § 83.512 Effective October 1, 2025

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Flood Disclosure by St. Augustine Real Estate Lease Attorneys

Florida’s New Flood Disclosure Law for Residential Leases (§ 83.512, Effective October 1, 2025)

Flooding is one of the most common and costly natural risks facing Florida residents. Until now, many tenants signed leases without knowing whether their rental unit had previously flooded or whether the landlord had ever filed a flood damage claim. Beginning October 1, 2025, that will change.

Under § 83.512, Florida Statutes, landlords of residential properties will be required to provide a separate written “Flood Disclosure” to prospective tenants before entering into rental agreements lasting one year or longer.

At St. Johns Law Group, our landlord–tenant attorneys are here to help landlords, tenants, and property managers prepare for this important change in Florida rental law.

What Landlords Must Do

Starting October 1, 2025, landlords must:

  • Provide the disclosure at or before lease signing for residential leases lasting one year or longer.

  • Use the required Flood Disclosure form as a separate document (not just as a lease addendum).

  • Make truthful disclosures regarding knowledge of prior flooding, flood claims, and disaster assistance.

The Required Flood Disclosure Form

The statute provides the exact form landlords must use (or substantially the same format). Landlords should keep a signed copy with the lease records.

Click Here for Fillable Form

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.

  1. Landlord ☐ has ☐ has no knowledge of any flooding that has damaged the dwelling unit during Landlord’s ownership of the dwelling unit.

  2. Landlord ☐ has ☐ has not filed a claim with an insurance provider relating to flood damage in the dwelling unit, including, but not limited to, a claim with the National Flood Insurance Program.

  3. 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.

  4. For the purposes of this disclosure, the term “flooding” means a general or temporary condition of partial or complete inundation of the dwelling unit caused by any of the following:

    • (a) The overflow of inland or tidal waters.

    • (b) The unusual and rapid accumulation of runoff or surface waters from any established water source, such as a river, stream, or drainage ditch.

    • (c) Sustained periods of standing water resulting from rainfall.

Landlord’s Signature: ___________________________ Date: ___________
Tenant’s Signature: ____________________________ Date: ___________

Tenant Remedies for Non-Disclosure

The new law gives tenants clear rights if landlords fail to comply:

  • If a landlord does not provide the disclosure and the tenant suffers a substantial loss of personal property due to flooding, the tenant may terminate the rental agreement.

  • “Substantial loss” means the cost to repair or replace property equals 50% or more of its market value at the time of flooding.

  • To terminate, the tenant must:

    • Provide written notice of termination, and

    • Surrender possession within 30 days of the flooding.

  • The landlord must refund all prepaid rent or other amounts for periods after termination.

  • The tenant is still responsible for unpaid rent or charges owed before termination.

Why This Matters for Landlords

This statute creates new risks for landlords who fail to comply:

  • Lease termination if disclosure is not provided.

  • Refund obligations for prepaid rent.

  • Potential disputes over flood damage and liability.

Landlords should update lease packets now and ensure property managers are trained to deliver and document these disclosures.

Why This Matters for Tenants

For tenants, this law is a protection tool:

  • You’ll know before signing if your rental unit has a flood history.

  • You’ll understand whether you need separate flood insurance for your belongings.

  • You’ll have the right to terminate your lease if undisclosed flooding destroys your personal property.

St. Johns Law Group: Trusted Landlord–Tenant Counsel

At St. Johns Law Group, our Dedicated and Responsive® team helps both landlords and tenants navigate Florida’s evolving real estate laws. We serve clients in St. Augustine, Ponte Vedra, Palm Coast, Nocatee, and throughout Northeast Florida.

📞 Call us today at (904) 495-0400 or contact us online to schedule a consultation.