Checking flood risk for a Texas rental is a legal duty before it is a prudential one. Property Code §92.0135 requires every landlord, for a lease of 30 days or more, to give a signed written notice stating whether the landlord is or is not aware that the dwelling is in a 100-year floodplain — “If neither box is checked, you should assume the dwelling is in a 100-year floodplain” — and, where the landlord knows the dwelling flooded in the last five years, a second notice saying so. The notice itself points to the answer: FEMA “maintains a flood map on its Internet website that is searchable by address, at no cost.” A landlord who violates the section and whose tenant suffers a flood loss faces termination of the lease and a refund of prepaid rent and the deposit. The TREC form carries the statutory wording.
The check
- Search the address on the FEMA Flood Map Service Center; note the zone (A, AE, VE, X, shaded X) and the panel date; save a dated screenshot.
- Ask the city’s floodplain office for a determination where one is offered — Grand Prairie, for example, provides zone determinations and elevation certificates.
- Check the property’s history: the seller’s disclosure, insurance claims, prior tenants, the city’s flood pages.
- Decide the answers to both §92.0135 questions from those records, not from memory.
- Sign the notice with the tenant at or before the lease and keep it with the lease.
What the zone means
| Zone | Meaning | Consequence |
|---|---|---|
| A / AE / AH / AO | Special flood hazard area — 1% annual chance (the 100-year floodplain) | Check “is aware” on the §92.0135 notice; flood insurance strongly indicated; mortgage lenders require it |
| VE / V | Coastal high-hazard area with wave action | As above, with TWIA and elevation implications on the coast |
| Shaded X | 0.2% annual chance (500-year) or protected by levee | Not the 100-year floodplain for the notice; still floodable — the notice says so |
| X (unshaded) | Minimal hazard | Not in the floodplain; flooding still possible, and the notice says so |
| Elevated above BFE | §92.0135(c): a landlord need not disclose awareness if the dwelling is raised above the 100-year level under federal regulations | Keep the elevation certificate |
Insurance and the tenant
Standard landlord policies exclude flood; the National Flood Insurance Program and private insurers write it separately. The statutory notice tells the tenant that most renters policies do not cover flood either and that they should seek cover — put the same sentence in the welcome packet. Texas’s Community Rating System participants (Grand Prairie is a class 5) earn premium discounts; ask the city.
Frequently asked questions
Must a Texas landlord disclose flood risk?
Yes. For leases of 30 days or more, a signed written notice stating whether the landlord is aware the dwelling is in a 100-year floodplain, and a second notice if the landlord knows it flooded in the last five years (Property Code §92.0135).
How do I find out if a property is in a floodplain?
Search the address on FEMA’s Flood Map Service Center, free of charge; note the zone and keep a dated screenshot (FEMA).
What happens if the notice is not given?
A tenant who suffers a substantial loss from flooding may terminate the lease by written notice within 30 days of the loss and recover prepaid rent and the deposit (Property Code §92.0135(f)).
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.
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- TREC — Landlord’s Floodplain and Flood Notice (official form) ↗
- FEMA Flood Map Service Center ↗
- FloodSmart — the National Flood Insurance Program ↗
- National Weather Service — Flood safety ↗
- Texas State Law Library — Leases ↗
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.