Flood Disclosure in Leases: Texas, New York and New Jersey Rules

What landlords must tell tenants about floodplains and past flooding in Texas, New York and New Jersey, the required wording, and what happens if they don’t.

By Seayora Editorial Team · Published October 23, 2026 · Facts checked October 23, 2026 · 4 min read

Key takeaways

• Texas: a signed notice on floodplain status and flooding in the past five years, in the lease, an addendum or a separate document (Prop. Code § 92.0135).
• Texas: if the notice was not given and a flood causes substantial loss, the tenant may end the lease within 30 days and get prepaid rent back.
• New York: every residential lease states FEMA floodplain, 100-year and 500-year status and known flood damage, plus a set flood insurance notice (Real Prop. Law § 231-b).
• New Jersey: a flood risk notice before lease signing or renewal, as a separate acknowledged rider in 12-point type (N.J.S.A. 46:8-50).
• Standard renters insurance usually does not cover flood, which is why each notice says so.

Do landlords have to disclose flood risk?

In a growing number of states, yes. The three below require a specific written notice with the lease. Each asks two things: whether the home is in a FEMA flood hazard area, and whether the landlord knows it has flooded. FEMA’s flood maps are searchable by address at no cost, so “I didn’t know the zone” is a weak position.

What does Texas require?

A landlord must give a written notice substantially in the statute’s words stating whether the landlord “is or is not aware that the dwelling you are renting is located in a 100-year floodplain” (if neither box is checked, the tenant should assume it is), noting that FEMA’s map is free to search and that most tenant insurance does not cover flood. If the landlord knows flooding damaged the dwelling at least once in the five years before the lease, a second notice says so. The notices go in a lease paragraph, an addendum or a separate document given at or before signing, and both parties sign. If a landlord violates the section and the tenant suffers substantial flood loss to personal property (repair or replacement of at least half its market value), the tenant may terminate within 30 days and the landlord must refund prepaid rent within 30 days. Leases under 30 days are excluded (Tex. Prop. Code § 92.0135).

What does New York require?

“Every residential lease” must state whether the premises are wholly or partly in a FEMA-designated floodplain, in the Special Flood Hazard Area (100-year floodplain), or in a Moderate Risk Flood Hazard Area (500-year floodplain) under FEMA’s current maps, and any prior flood damage from a natural flood event that the landlord “knows or reasonably should know” occurred. It must also include this notice: “Flood insurance is available to renters through the Federal Emergency Management Agency’s (FEMA’s) National Flood Insurance Program (NFIP) to cover your personal property and contents in the event of a flood. A standard renter’s insurance policy does not typically cover flood damage. You are encouraged to examine your policy to determine whether you are covered.” (N.Y. Real Prop. Law § 231-b)

What does New Jersey require?

Since March 2024, landlords must give prospective tenants, before a lease is signed or renewed, a Flood Risk Notice stating whether the property is in FEMA’s Special Flood Hazard Area or Moderate Flood Hazard Area and whether the landlord actually knows that the premises, or parts such as tenant parking, have flooded (NJ Department of Community Affairs). In a written residential lease the notice may be included only as a separate rider, acknowledged by the tenant and in at least 12-point type (NJ Department of Environmental Protection FAQ). The state publishes a model form (Flood Risk Notice) and the law itself is P.L. 2023, c. 93.

How can a landlord get the answers right?

1. Look up the address on FEMA’s flood map and save a dated screenshot.
2. Check your own records and insurance claims for past flood damage, including parking areas.
3. Use the state’s form or exact wording, and keep the signed copy with the lease.
4. Repeat the notice at renewal where the state requires it, as New Jersey does.

Frequently asked questions

Do Texas landlords have to disclose flooding?

Yes. A signed notice says whether the landlord knows the home is in a 100-year floodplain and whether it flooded in the past five years. Without it, a tenant who suffers a substantial flood loss may end the lease.

What must a New York lease say about flood risk?

Whether the home is in a FEMA floodplain, the 100-year floodplain or the 500-year floodplain, any known prior flood damage, and the statutory notice that renters insurance does not usually cover flood.

Does renters insurance cover floods?

Standard renters policies usually do not, which is why each of these notices says so. Flood coverage for contents is available through FEMA’s National Flood Insurance Program.

Sources

1. Texas Property Code Chapter 92 (§ 92.0135, Notice for dwelling located in floodplain), Texas Legislature
2. N.Y. Real Property Law § 231-b, Flood history and risk notice in residential leases, New York State Senate
3. Landlord-tenant information and Flood Risk Notice, New Jersey Department of Community Affairs
4. Flood Risk Disclosure Frequently Asked Questions (September 30, 2024), New Jersey Department of Environmental Protection
5. Flood Risk Notice (model form), New Jersey Department of Community Affairs
6. P.L. 2023, c. 93 (N.J.S.A. 46:8-50), New Jersey Legislature

How Seayora helps

Digital lease signing: Attach the flood notice to the lease as an addendum and keep the signed copy with the executed lease.

This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.

How we write and check these guides: editorial standards.

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