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If you’ve owned rentals in San Antonio for any length of time, you’ve seen it: a forecast that looks harmless, then a downpour that turns roads into rivers and your phone into a nonstop notification machine.
You’re already thinking about roof leaks and insurance deductibles, but there’s another piece that can make or break a messy storm season: flood disclosure paperwork.
Texas requires a written flood notice before a residential lease is signed. Handle it the right way, and you protect your cash flow, set expectations early, and avoid the kind of post-storm disputes that drain time and energy.
Key Takeaways
- Texas Property Code Section 92.0135 requires two written flood notices delivered in a separate document at or before lease execution.
- You disclose what you know about 100 year floodplain status and whether the dwelling flooded at least once in the past five years.
- If neither floodplain box is checked, the notice tells tenants to assume the dwelling is in a 100 year floodplain.
- If you violate the law and the tenant suffers substantial personal property loss from flooding, the tenant may be able to terminate with timely written notice.
What Texas Actually Requires From You
This flood notice is about being honest up front, not predicting the next storm. You do not have to hire an expert or promise the home will never flood.
What you do have to do is simple: give tenants the required flood notices in writing, as a separate document, at or before the lease is signed. Then keep the signed copy of the lease to prove you did it.
One small exception exists. If the home has been properly elevated above the 100 year flood level under federal standards, you may not have to disclose floodplain awareness. If that sounds like your property, confirm it with paperwork, not a gut feeling.
What You Have to Tell the Tenant
The flood notice is straightforward. It asks you to cover just two things:
1) Is the home in a 100-year floodplain?
Check whether you’re aware that the property is in a FEMA-mapped floodplain (often described as a 1% yearly flood risk).
2) Has the home flooded in the last five years?
If you know water got into the dwelling or flood-related repairs were needed, say so. If you’re not aware of any flooding in that timeframe, you can state that honestly.
One important detail: don’t leave the floodplain boxes blank. If neither box is checked, the notice tells the tenant to assume the home is in a 100-year floodplain.
When to Give the Notice
Give the flood notice at or before the lease is signed. Not after the tenant moves in, and not after you hand over the keys. If you use e-signing, include the notice in the same signing packet and save the signed copy right away.
Make this a non-negotiable step in your leasing routine. Turnover gets busy fast, and the steps that aren’t built into the process are the ones that get missed.
A Quick San Antonio Reality Check
Flooding here doesn’t always follow the map. A hard downpour can overwhelm the drainage system, and a home outside a “high-risk” zone can still take on water. Tenants know that, so clear, honest disclosure goes a long way.
Keep your notice accurate by pairing map checks with your own records: maintenance notes, vendor invoices, turnover photos, and insurance claims. If you recently bought the property, hold onto any flood history you were given. You don’t have to guess. You just have to be truthful about what you know.
Compliance Checklist
Make this a repeatable routine for every lease, every time:
- Start with a standard flood notice form that includes the required wording.
- Check floodplain status: Are you aware that the home is in a 100-year floodplain? Jot down how you verified it.
- Check recent flooding history: review your records and claims for any flooding in the past five years.
- Fill it out cleanly: check the right boxes and skip vague side comments.
- Deliver it on time: give the notice at or before lease signing and collect signatures.
- File it fast: store the signed notice with the lease where you can find it quickly later.
What Can Happen If You Skip It
If you don’t give the required flood notice and the home later floods, a tenant may be able to end the lease if they suffer major damage to their personal belongings.
“Major” generally means the cost to repair or replace their items adds up to at least 50% of what those items were worth. They must give you written notice within 30 days after the loss, and the lease ends when they move out and hand back possession.
Even if it never gets that far, messy or missing paperwork invites arguments. After a flood, emotions run high. A signed notice keeps the facts clear.
Best Practices That Make This Easy
A few small habits can prevent big headaches later:
- Use the notice every time you sign a new lease or renewal, so your files stay consistent.
- Recheck floodplain info once in a while, especially if maps are updated or the area has changed.
- Keep clean records and back them up. If you can’t prove it on paper, it’s hard to defend later.
If you want this handled without the stress, a local property management team can build disclosures, renewals, and document storage into your leasing process while you focus on your properties and your long-term plan.
FAQ
Do I need a flood notice for every renewal?
Best practice is yes. Provide it whenever a lease is executed or renewed so your documentation stays current.
What if I do not know whether the dwelling has flooded?
The notice is based on your knowledge. If you are not aware of flooding in the past five years, you can state that, as long as it is truthful.
If the property is not in a floodplain, can I skip the notice?
No. The notice is still required. You indicate that you are not aware that the dwelling is in a 100 year floodplain.
Can a property manager handle this for me?
Yes. Many managers include the notice in their leasing packet and store signed copies with the lease file.
Turn Flood Disclosure Into a Trust Advantage
Flood disclosure isn’t just another form to file away. It’s a simple way to set expectations, protect your rental income, and avoid “you never told me” conversations after a storm. When you deliver the notice on time, fill it out clearly, and keep it with the lease, you’re doing more than staying compliant. You’re showing tenants you run a steady, professional operation.
Want to make this effortless? Re-Homing Texas LLC helps San Antonio landlords build flood disclosures, lease add-ons, renewals, and document storage into one smooth system. You keep control of your investment. They handle the details that keep you protected. Reach out and turn compliance into confidence!
