Flood Disclosure Law In Florida – Your Rights Under New SB 948 Laws – October 2025
Florida’s lush waterways and tropical climate make it a paradise, but also pose significant flood risks. Renters and buyers often rely on landlords and developers to disclose those risks.
Historically, there was no statewide requirement to inform tenants or buyers of a property’s flood history. That changes with Senate Bill 948, effective October 1 2025.
The law requires landlords, condominium developers and mobile home park owners to disclose flood risk to tenants and buyers, and allows tenants to terminate leases if undisclosed risk leads to damage. This article explains what the law requires, what it means for tenants and property owners and how The Law Place can help enforce or defend these rights.
Flood Risks In Florida
Flooding is a common hazard due to Florida’s flat terrain, heavy rains and hurricane exposure. Floodwaters can cause costly damage to buildings, vehicles and personal possessions. Yet many properties are located in flood zones or have flooded previously. When landlords or sellers fail to disclose these risks, tenants and buyers are left unprepared, both financially and logistically.
Previous Disclosure Practices
Before SB 948, sellers sometimes disclosed flood history as a matter of ethics or to avoid later disputes, but there was no uniform requirement. Renters frequently signed leases with no knowledge of past floods. Tenants who suffered damage due to flooding had little recourse; breaking a lease could lead to penalties. Some local jurisdictions had disclosure rules, but enforcement was inconsistent.
Key Provisions Of SB 948
SB 948 creates statewide flood disclosure requirements for various property transactions.
Landlord Disclosure Obligations
Landlords must inform potential tenants if the property has flooded in the past or is located in a designated flood zone. Disclosure must occur before the tenant signs the lease. The landlord should provide written notice detailing the property’s flood history and the likelihood of flooding. If the landlord fails to disclose and the tenant suffers damage due to flooding, the tenant can terminate the lease. Landlords cannot retaliate by keeping security deposits or imposing penalties for early termination.
Condominium Developers And Mobile Home Parks
Developers of new condominium projects must disclose flood risks to buyers before signing purchase agreements. Similarly, mobile home park owners must inform residents about flood history and risks. These disclosures help buyers and residents make informed decisions about insurance, mitigation and whether to purchase or move into a property.
Tenant Remedies And Lease Termination
If a landlord fails to disclose flood history and the property floods, the tenant may terminate the lease without penalty. The tenant must notify the landlord in writing, and the termination takes effect as specified in the statute (often within seven days). The landlord must return any prepaid rent and security deposit under the same conditions as other lawful termination scenarios. Tenants may also sue for damages to personal property.
Enforcement And Penalties
Landlords, developers and park owners who violate the disclosure requirement may face civil penalties, including fines and restitution. The law empowers the Attorney General and local authorities to enforce compliance. Tenants can also pursue private civil actions for damages. Courts may order landlords to pay tenants’ attorneys’ fees.
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Implications For Tenants And Buyers
The new law gives tenants and buyers more information and leverage. Prospective tenants should ask landlords to provide the required disclosure in writing. Buyers should request flood insurance quotes, review FEMA flood maps and ask for property elevation certificates. Knowing a property’s flood history allows renters and buyers to decide whether the property fits their risk tolerance and budget.
Flood Insurance And Mitigation
Even with disclosure, tenants and buyers should protect themselves. Renters insurance often does not cover flood damage; separate flood insurance may be necessary. Buyers in flood zones may be required by lenders to obtain flood insurance. Flood mitigation efforts—such as elevating structures, installing flood barriers or using flood-resistant materials—can reduce damage.
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Responsibilities For Landlords And Sellers
Landlords must update their leases to include flood disclosure requirements. They should review property records, speak with previous owners and consult local flood maps to determine risk. Failure to disclose can lead to costly lawsuits and reputational harm. Developers and park owners should incorporate disclosures into sales and rental agreements and train staff on compliance.
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How The Law Place Can Assist
If you suffer flood damage due to undisclosed risk, or if you are a landlord needing guidance on compliance, The Law Place offers legal assistance. Our attorneys can:
- Review Lease Agreements: We ensure that leases include proper flood disclosures and comply with SB 948.
- Pursue Tenant Remedies: If you are a tenant whose landlord failed to disclose, we help you terminate the lease and recover damages.
- Defend Landlords: If a landlord is accused of non-compliance, we assess the situation, determine if the disclosure was adequate and defend against claims.
- Represent Buyers And Sellers: We review purchase agreements, disclosures and assist with negotiating repairs, price adjustments or rescission if flood risk was concealed.
Frequently Asked Questions
Who Must Disclose Flood Risk?
Landlords, condominium developers and mobile home park owners must disclose flood risk to prospective tenants and buyers. Sellers of existing homes should also provide disclosure to avoid future disputes.
What Information Must Be Disclosed?
Disclosure must include the property’s flood history and its location in a flood zone. Landlords should state if the property has experienced flooding and whether it is in a FEMA-designated zone.
Can A Tenant Break A Lease If The Property Floods?
Yes. If the landlord failed to disclose flood risk and the tenant’s property suffers damage, the tenant may terminate the lease without penalty. The landlord must return prepaid rent and the security deposit.
Are Sellers Liable If They Did Not Know The Property Flooded?
Liability depends on whether the seller knew or should have known about the flood risk. Sellers should investigate and disclose any known history. Buyers can still sue for failure to disclose material facts.
What Should Tenants And Buyers Do Before Signing?
Ask for written disclosure of flood history and risks. Review FEMA flood maps, request insurance quotes and inspect the property’s drainage and elevation. Consider whether flood insurance is necessary.
Senate Bill 948 brings transparency to Florida’s rental and real estate markets by requiring landlords, developers and park owners to disclose flood risk to tenants and buyers.
The law empowers tenants to terminate leases if undisclosed risk leads to damage and holds property owners accountable for concealment. For renters and buyers, knowledge of flood history and risk is crucial to making informed decisions.
If you have questions about your rights under SB 948 or need assistance with a dispute, The Law Place offers comprehensive legal support. Contact us for a consultation and protect yourself against flood-related surprises.
