Cypress sits close enough to the Addicks and Barker reservoirs and Cypress Creek that flood risk is not an abstract topic here the way it might be elsewhere in Texas. It is a real, practical disclosure landlords need to get right.
Under Texas law, there are already two specific flood disclosures mandated for residential leases. Additionally, a legislative update set to take effect in 2025 has altered the procedures regarding how these disclosures must be delivered to tenants. Below is a detailed explanation of the current legal requirements you need to be aware of.
We manage rentals across the Cypress area, so getting this disclosure right on every lease is standard practice for us. Here is the breakdown.
Key Takeaways
- Texas law requires two separate flood disclosures: whether the property sits in a 100-year floodplain, and whether it has flooded at least once in the past five years.
- These requirements come from Texas Property Code Section 92.0135, in effect since January 1, 2022.
- A 2025 update, Senate Bill 2349, now requires the flood notice to be in writing and signed by both landlord and tenant.
- Failing to provide the required notice can let a tenant terminate the lease and recover advance rent if flooding causes substantial property loss.
- Cypress's proximity to the Addicks and Barker reservoirs and Cypress Creek makes this disclosure especially relevant for many local properties.
The Two Notices Texas Law Actually Requires
Under Texas Property Code Section 92.0135, landlords must disclose two distinct pieces of flood information. First, whether the landlord is aware the dwelling sits in a 100-year floodplain as designated by FEMA. Second, whether the landlord knows the dwelling has flooded at least once during the five years immediately before the lease's effective date.
These are separate disclosures covering different information, and a lot of landlords remember one while forgetting the other. Both apply independently of each other.
The Floodplain Exception Worth Knowing
A landlord is not required to disclose floodplain status if the dwelling's elevation has been raised above the 100-year floodplain flood level in accordance with federal regulations. This exception matters for some elevated homes in flood-prone areas, but it does not apply to the separate flooded-before notice, which still applies regardless of elevation.
The 2025 Update: Signatures Are Now Required
Under Senate Bill 2349, which took effect September 1, 2025, the required flood notice must now be in writing, and the document containing it must be signed by both the landlord, or their agent, and the tenant. This did not change what has to be disclosed, but it did change how you have to prove you disclosed it.
A verbal mention or an unsigned handout no longer satisfies this requirement. If your current lease packet does not include a signature line specifically for the flood disclosure, it likely needs an update.
What Happens If You Skip This Disclosure
If a landlord fails to provide the required notice and the tenant later suffers a substantial loss to personal property from flooding, defined as damage or loss equal to 50 percent or more of that property's market value, the tenant can terminate the lease with written notice within 30 days of the flooding. The landlord then has 30 days from that termination to refund any advance rent paid for the period after the lease ends.
This is a real financial consequence, not just a technical compliance gap, which is exactly why getting the paperwork right the first time matters.
Why This Matters More in the Cypress Area
Cypress's location near the Addicks and Barker reservoirs and Cypress Creek means flood risk is a genuine, ongoing consideration for a meaningful share of local rental properties, not a rare edge case. Checking a property's FEMA floodplain status and any flooding history should be a standard step for every Cypress-area lease, not an afterthought.
How to Get This Right Every Time
Check the current FEMA flood map for every property before each new lease, since flood zone designations can be updated over time. Our accounting and leasing systems build the required signed disclosure directly into every lease packet, so this step never gets missed or handled inconsistently across a portfolio.
Frequently Asked Questions
Do I have to disclose flood history even if my property is not in a floodplain?
Yes. The flooded-before notice applies regardless of floodplain designation, as long as the landlord knows the dwelling has flooded at least once in the preceding five years.
Is a verbal disclosure enough to satisfy Texas flood notice requirements?
No. From September 2025, the notice must be in writing and signed by both the landlord and the tenant, not just mentioned verbally or handed over unsigned.
What if my property's elevation has been raised above the floodplain level?
You may be exempt from the floodplain disclosure specifically, but the separate flooded-before notice still applies regardless of the property's elevation.
What can a tenant do if I never provided the flood notice?
If flooding later causes substantial loss to the tenant's personal property, they can terminate the lease with written notice and are entitled to a refund of any advance rent paid for the remaining lease term.
Where can I check if a specific property is in a flood zone?
FEMA maintains a searchable flood map by address at no cost, which is the standard reference point for determining floodplain status.
Let Us Handle Your Flood Disclosures
Flood disclosure requirements are not complicated once built into your standard leasing process, but missing them can create real financial exposure if flooding actually occurs.
At First Class Realty & Management, every Cypress-area lease we prepare includes the current, properly signed flood disclosure required under Texas law. If you want your current lease packet reviewed for compliance, request a free rental analysis, or explore our owner resources to see how we keep owners compliant.