Texas Landlords Must Disclose Flood Risk to Tenants (Jan 2022)

Texas · Landlords · Flood Disclosure · Property Code · Educational

Starting January 1, 2022, Texas residential landlords became subject to a flood-risk disclosure duty under Property Code §92.0135 (added by House Bill 531, passed by the 87th Texas Legislature). The statute requires written notice about 100-year floodplain awareness and recent flood damage history for covered leases—and reminds tenants that most renters policies do not cover flood. This article explains the historical insurance-relevant context in plain language. It is educational only, not legal advice.

Not legal advice. Lease drafting, notice timing, signatures, exemptions (including later amendments for short-term leases), and tenant remedies belong with a Texas-licensed attorney or current statute text—not a blog. Confirm the current wording of Texas Property Code Chapter 92 and official bill history before relying on any summary. Statutes and forms change.

Flood risk is one of the most important things a renter can learn about a home before moving in, and for many years Texas tenants often had to find it out on their own. A law that took effect on January 1, 2022 changed that for many residential leases by requiring landlords to share certain flood information in writing. This article explains what that change was, how it connects to insurance, and why the disclosure and the insurance policies involved are two separate things. Landlords, tenants, and insurance agents each have a role, and the sections below walk through what each group should keep in mind.

1. What changed on January 1, 2022 (historical context)

Before this law, home sellers in Texas generally had clearer flood-related disclosure expectations than residential landlords. House Bill 531 (often written as H.B. 531) closed part of that gap for many residential leases entered into or renewed on or after January 1, 2022 by adding §92.0135. At a high level, covered landlords must provide written notices substantially in the statutory form regarding:

• Whether the landlord is aware the dwelling is located in a 100-year floodplain (with statutory language about unchecked boxes and Federal Emergency Management Agency maps); and
• Whether the landlord knows the dwelling flooded at least once in the five years preceding the lease effective date.

Put simply, the notice answers two questions for the tenant. The first is whether the landlord knows the home sits in a 100-year floodplain, which is an area that federal flood maps show as having about a one percent chance of flooding in any given year. The second is whether the landlord knows the home has flooded at least once in the five years before the lease starts. Neither question requires the landlord to hire an engineer or perform a study; the notice is built around what the landlord is aware of. That is why the tenant should still look at the official flood maps independently instead of treating an unchecked box as proof that the home is safe from flooding.

The statute also embeds consumer language that most tenant (renters) insurance policies do not cover flood damage and that renters should seek coverage that would address flood loss. Official enrolled bill text: H.B. 531 enrolled.

The reminder about renters insurance is one of the most practical parts of the law. Many tenants assume their renters policy protects everything they own, no matter what happens. In reality, standard renters policies are written to cover belongings against causes of loss such as fire, smoke, theft, and certain kinds of water damage from inside the home, but they usually exclude flooding from rising water. By putting that reminder in the lease paperwork, the law gives tenants a chance to think about flood coverage before a storm rather than after one.

2. What the disclosure is—and what it is not

The table separates two ideas that are easy to blend together. The disclosure is about information: it tells the tenant what the landlord knows so the tenant can make an informed decision about where to live and what protection to buy. Insurance is about payment: it decides who pays for damage after a loss, and that answer comes from the wording of each policy. A landlord who gives a perfect notice has not added flood coverage to anyone’s policy, and a tenant who receives the notice still needs to buy flood protection for their own belongings if they want it. Flood policies also usually have a waiting period before coverage starts, so the time to act is when the notice arrives, not when a storm is in the forecast.

Each of these groups sees the same law from a different angle. Landlords are focused on compliance, which means using the right notice, delivering it the right way, and keeping proof that it was signed. Tenants are focused on safety and their own budget, which means understanding the risk and deciding whether to buy coverage. Insurance agents sit between the two, helping each side choose the right policy without stepping into legal advice about the lease itself. Keeping those roles separate helps everyone avoid assumptions that can cause problems after a flood.

3. Flood insurance is still separate from homeowners, dwelling fire, and renters policies

Texas landlords often carry a dwelling fire or landlord form (often called a DP form) for the building and require tenants to carry renters insurance for personal property. Neither layer is a substitute for flood:

• Landlord or dwelling fire policy — protects the owner’s building (and often loss of rents / liability) against covered perils; flood is usually excluded or needs a separate flood policy. Overview: landlord insurance protects your property and you · cost context: Texas landlord insurance cost.
• Tenant renters policy — typically covers the tenant’s belongings for named or open perils on the renters form—not overflowing flood water. Landlord requirement guidance: how much renters insurance should a landlord require?
• Flood policy — National Flood Insurance Program or private flood for building, contents, or both, subject to its own definitions, deductibles, and waiting periods. Hub: Texas flood insurance · deeper guide: comprehensive Texas flood guide.

It helps to picture three separate policies covering three separate things. The landlord’s policy protects the building that the landlord owns, and it may also replace lost rent while the home is being repaired and protect the landlord against certain liability claims. The tenant’s renters policy protects the tenant’s furniture, clothing, electronics, and other belongings, and it often includes liability protection and help with extra living costs after a covered loss. A flood policy is the one that responds to rising water, and both landlords and tenants can buy one, with the landlord insuring the building and the tenant insuring contents. The National Flood Insurance Program is the federal flood program, and private flood insurance companies also offer coverage in many areas.

Homeowners versus landlord product framing: landlord versus homeowners insurance in Texas.

For tenants, National Flood Insurance Program contents coverage protects belongings up to $100,000. For owners, building coverage goes up to $250,000 per residential building (FloodSmart). A new policy normally takes effect 30 days after purchase, with no wait when it is bought as part of a mortgage being made, increased, extended, or renewed (FloodSmart). Premiums are set under FEMA’s Risk Rating 2.0, in place for every policy since April 2023, which prices each building on factors like distance to water, elevation, and rebuild cost rather than only its flood zone (FEMA).

4. Practical Texas risk framing (Flash Flood Alley and maps)

Parts of Texas sit in heavy flash-flood corridors; a property outside a mapped 100-year floodplain can still flood. The statutory notice itself says even non-floodplain dwellings may be susceptible. Useful consumer tools:

• Flood maps by address and helpful info for Texans
• Why Texas earned the nickname Flash Flood Alley
• Official Federal Emergency Management Agency map tools referenced in the statutory notice language

Flood maps are an essential starting point, but they show estimated risk based on past data and studies, and they cannot capture every street that holds water during a heavy storm. Central Texas in particular is known for sudden, intense rainfall that can turn creeks and low-water crossings dangerous within minutes. Homes outside a mapped high-risk area still file flood claims, which is why the notice itself warns that a home outside the floodplain may still flood. Checking the maps, asking neighbors about past storms, and looking at the lot’s drainage gives a fuller picture than the map alone.

Landlords evaluating insurance should still disclose occupancy accurately and carry the correct landlord form—not an owner-occupied HO-3—when the dwelling is rented. Becoming a landlord overview: how to become a Texas landlord.

An owner-occupied homeowners policy, such as the HO-3 form, is written for people who live in the home themselves. When the home is rented to someone else, the risks change, and the correct coverage is usually a landlord or dwelling fire policy. Keeping the wrong form after you start renting a home can lead to claim problems, because the insurance company priced and wrote the policy for a different use. Telling your agent as soon as a home becomes a rental keeps the coverage matched to the way the property is actually used.

5. Later amendments and why you must re-check the statute

Property Code §92.0135 has been amended after 2022 (for example, later legislation addressed notice requirements for certain short-term or temporary residential arrangements). Do not assume a 2022 news summary is complete for a lease signed today. Always verify current exemptions, delivery rules, and remedies in the official statutes or with counsel.

Laws about leases and disclosures are reviewed and changed by the Texas Legislature, and courts can also shape how the rules are applied. A summary written when a law first took effect may not mention later changes to exemptions, delivery requirements, or tenant remedies. Landlords who use lease forms from a trade association or an attorney should confirm that those forms have been updated, and tenants who have questions about their rights should look at the current statute or speak with an attorney.

Since January 1, 2022, many Texas residential landlords have been required to tell tenants in writing whether they know a home is in a 100-year floodplain and whether it has flooded in the past five years, and to remind tenants that most renters policies do not cover flood. That notice is an important step for tenant awareness, but it does not change what any insurance policy covers. Landlords still need the correct landlord policy and should consider flood coverage for the building. Tenants still need renters insurance for everyday risks and a separate flood policy for their belongings if flood is a concern. Check the official maps, confirm the current law, and talk with a licensed agent about the coverage that fits your situation.

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