Do I Have to Tell Tenants About Flood History? Florida's New Disclosure Law for Long-Term Leases

If you own a rental home in Orlando, Kissimmee or St. Cloud, you already know Central Florida's relationship with water is complicated. Hurricane Ian dumped between 12 and 13 inches of rain on Orlando in 2022, with some neighborhoods seeing as much as 16 inches, and homes that had never flooded before took on water from overwhelmed lakes and retention ponds. Starting this fall, Florida law catches up to that reality by requiring landlords to put flood history in writing before a tenant signs a long-term lease.

Under a new section of the Florida Statutes, 83.512, a landlord must complete and provide a flood disclosure to a prospective tenant at or before the execution of any rental agreement for a term of one year or longer. The disclosure has to be a separate document, and the law spells out the exact wording landlords must use. It requires the landlord to state whether they have knowledge of flooding that damaged the unit during their ownership, whether they have filed an insurance claim for flood damage, and whether they have received assistance for flood damage, including from FEMA. The form also reminds tenants that a standard renters insurance policy does not cover flood damage and encourages them to ask their insurance agent about a separate flood policy.

This requirement builds on a 2024 law that created a similar disclosure for home sales; lawmakers expanded it to cover long-term rentals as well, with the rental version taking effect October 1, 2025.

The stakes for getting this wrong are real. If a landlord fails to provide the disclosure and a tenant later suffers substantial loss or damage to their personal property from flooding, the tenant can terminate the lease by giving written notice within 30 days of the loss and handing back the keys. The landlord would then owe the tenant a refund of any advance rent.

For owners managing a single-family home or duplex in Osceola or Orange County, the practical takeaway is simple: before your next year-or-longer lease is signed, fill out a flood disclosure honestly and keep a signed copy in your file, the same way you'd document a security deposit receipt. If you've never experienced flooding at the property, say so in writing. If you have, disclose it. Many Florida Realtors boards already offer a standard flood disclosure form that pairs with existing lease paperwork, so adding this step shouldn't slow down a leasing timeline.

Given how much rain a single Central Florida storm can produce, this disclosure is also a good prompt to revisit your own insurance coverage and confirm whether a standalone flood policy makes sense for the property.

This article is general information about a new Florida law, not legal advice; consult a Florida real estate attorney for guidance on your specific lease and property.