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HOUSTON, TEXAS · LANDLORD GUIDE

Houston rental flood and hurricane plan for landlords

Houston regulates new construction against the 500-year floodplain plus two feet, Harris County says everyone lives in a flood zone, and Texas §92.0135 makes the landlord sign a flood disclosure. A plan built on those three facts.

For a Houston rental, flood is not one risk among several; it is the one the city, the county and the state each regulate. The City of Houston sets its minimum flood protection elevation at the 500-year (0.2 percent) flood level plus two feet (Chapter 19, Floodplain). The Harris County Flood Control District, created by the Legislature in 1937, puts it more bluntly on its history page: “Did you know that everyone lives in a flood zone?” (HCFCD). And Texas Property Code §92.0135 requires the landlord to state, in a signed notice, whether they know the dwelling is in a 100-year floodplain and whether it flooded in the past five years. This plan starts from those three sources.

What Houston regulates, and what you must disclose

The city’s Chapter 19, rewritten by Ordinance 2018-258 after Hurricane Harvey, defines the “minimum flood protection elevation” as “the 0.2 percent flood elevation, plus 2 feet” and applies it to new construction and substantial improvements. That is a building rule, not a disclosure rule, but it tells a landlord something useful: the city considers the 500-year floodplain the relevant line, while the state disclosure asks only about the 100-year floodplain. A property outside the 100-year zone can still be inside the city’s regulated area. The disclosure under §92.0135 must be in the lease or a signed addendum at or before signing, and it must state what the landlord is aware of — “not aware” is an honest answer only if you checked.

Check the address on three maps

  1. The FEMA Flood Map Service Center, by address, for the official flood zone that the §92.0135 question refers to.
  2. The Harris County Flood Education Mapping Tool from the flood control district, which shows the county’s own mapping and past flood information.
  3. The HCAD record for the parcel, to know whether the property is inside the city (Chapter 19 applies) or in a Municipal Utility District with its own drainage.

Keep a dated screenshot of each. If a future tenant disputes the disclosure, the file shows what you knew and when.

Insurance: what the state notice itself warns

The statutory flood notice text, reproduced in the TREC form, tells the tenant that most tenant insurance policies do not cover flood loss and that FEMA provides a free address-searchable map. The same logic applies to the landlord’s policy: an ordinary landlord policy generally excludes flood, and flood coverage is a separate contract. Ask the agent two specific questions: whether the policy carries a separate percentage deductible for named storms or wind and hail, and what the loss-of-rents coverage pays while the unit is uninhabitable. This page cannot tell you what your policy says.

Hurricane season: power, water and communication

Harris County’s flood control district lists Hurricane Harvey (2017), the Spring Floods of 2016, Hurricane Ike (2008) and Tropical Storm Allison (2001) among its major events and notes that on August 25, 2018 voters approved $2.5 billion in bonds for flood damage reduction projects (HCFCD). For a landlord, the recurring operational questions are simpler: where the tenant reports an outage, where they get official instructions, and how they reach you. In Houston an electrical outage is reported to CenterPoint Energy whatever the retail provider on the bill; a water problem goes to Houston Public Works inside the city or to the MUD outside it. Put those numbers, the county’s emergency management channels and your own emergency line on one page, and give it to the tenant at move-in.

After the event: document, then repair

Photograph damage before touching it, date the photos, and keep the tenant’s written report — that report is what starts the repair clock under §92.056, and a landlord who is “making a diligent effort to repair” is in a very different position from one who cannot show when the notice arrived. If the dwelling is uninhabitable, §92.054 governs casualty loss and the parties’ termination options; read it before agreeing to anything informally. Any repair that counts as a substantial improvement inside the city’s regulated floodplain brings Chapter 19’s elevation rule into play, so check with the city before rebuilding rather than after.

HOUSTON RISK SOURCES AND WHAT THE LEASE SAYS
RiskWhere to checkWhat the lease or file contains
100-year floodplainFEMA mapSigned §92.0135 disclosure, answers based on the map and records
Flood history and county mappingHCFCD mapping toolDated screenshots; five-year flood history answer
City floodplain regulationChapter 19Note that repairs may trigger the 500-year-plus-two-feet rule
Power interruptionCenterPoint EnergyOutage number on the emergency sheet; interruption clause consistent with §92.008
Water interruptionHouston Public Works or the MUDSupplier named in the utilities clause

What changes in Houston

  • The city’s building line is the 500-year floodplain plus two feet; the state disclosure asks about the 100-year floodplain — check both.
  • Harris County has its own flood control district and mapping tool in addition to FEMA.
  • Hurricane season is the operational calendar: Harvey, Ike, Allison and the 2016 floods are the county’s reference events.
  • Outage reporting goes to CenterPoint, not the retail electricity provider; water goes to the city or the MUD.

Frequently asked questions

Do I have to give a flood disclosure for a Houston rental?

Yes, for most residential leases of 30 days or more anywhere in Texas. Property Code §92.0135 requires a written notice, signed by both parties at or before signing, stating whether the landlord is aware the dwelling is in a 100-year floodplain and whether it flooded in the past five years.

Is a Houston property outside the 100-year floodplain safe from flooding?

No map says that. The Harris County Flood Control District’s own history page states that “everyone lives in a flood zone,” and the City of Houston regulates construction against the larger 500-year floodplain (Chapter 19). The disclosure answers what you know; it is not a guarantee.

Which map does the Texas flood disclosure refer to?

The FEMA flood map, available by address at the Flood Map Service Center. The statutory notice itself tells the tenant that FEMA provides the map for free.

Who does a Houston tenant call when the power goes out in a storm?

CenterPoint Energy, the delivery utility for the Houston area (CenterPoint Energy). The retail provider on the bill does not operate the lines.

Sources

Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.

General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.

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