CSG FLORIDA LEGAL AUTHORITY
What Landlords and Tenants Need to Know About Florida Statute § 83.512
Written by Joseph Spiriti, Esq.
Florida landlords signing certain residential leases now have a specific flood-disclosure obligation that should be built into every compliant leasing workflow. For a residential rental agreement with a term of one year or longer, Florida Statute § 83.512 requires the landlord to give the prospective tenant a separate flood disclosure at or before the lease is executed.
KEY TAKEAWAY
For a Florida residential rental agreement with a term of one year or longer, the landlord must provide the prospective tenant a separate flood disclosure at or before execution. The disclosure addresses known flood damage during the landlord’s ownership, flood-related insurance claims, and flood assistance received.
Who Is Covered?
The statute applies when a landlord enters into a rental agreement for residential real property for a term of one year or longer. For covered transactions, the disclosure must be given at or before execution of the rental agreement.
A Separate Document Is Required
Section 83.512 expressly requires the disclosure in a separate document and in substantially the statutory form. Landlords and property managers should not assume that language buried inside a lengthy lease satisfies that requirement.
What Must Be Disclosed?
The statutory form warns that renters’ insurance policies do not include coverage for flood damage and encourages discussion of separate flood insurance with an insurance agent. The landlord must indicate whether the landlord knows of flooding that damaged the dwelling unit during ownership, whether an insurance claim relating to flood damage was filed, and whether flood assistance was received.
What Counts as Flooding?
The statute defines flooding to include specified inundation from overflow of inland or tidal waters, unusual and rapid accumulation of runoff or surface waters from an established water source, and sustained periods of standing water resulting from rainfall. The statutory definition—not casual usage—controls the disclosure.
What If the Disclosure Is Not Provided?
If the landlord violates § 83.512 and the tenant suffers substantial loss or damage to personal property as a result of flooding, the tenant may terminate the rental agreement by written notice and surrender possession no later than 30 days after the damage or loss. Termination becomes effective upon surrender of possession.
What Is Substantial Loss or Damage?
The statute defines substantial loss or damage as repair or replacement costs totaling 50 percent or more of the personal property’s market value on the date flooding occurred. Documentation of damaged property, value, repair costs, replacement costs and timing may therefore become important.
What Happens to Prepaid Rent?
Following a qualifying termination, the landlord must refund rent or other amounts paid in advance for periods after the effective termination date. The tenant remains liable for delinquent unpaid rent or other sums owed before termination.
Flood Disclosure Is Not the Same as a FEMA Flood-Zone Determination
The statutory form focuses on known flood damage during the landlord’s ownership, flood-related claims and flood assistance. Those subjects are not identical to whether the property lies within a particular mapped flood zone. Tenants concerned about flood exposure may independently investigate available flood information and consult an insurance professional.
Florida Also Has a Residential Sales Flood Disclosure
Section 689.302 separately addresses flood disclosure to prospective purchasers of residential real property. Although the rental and sales statutes address similar subjects, they govern different transactions. A landlord should use the rental disclosure required by Chapter 83 rather than substitute a sales form.
Practical Compliance Steps for Landlords
Determine whether the lease term is one year or longer; use the current statutory disclosure as a separate document; complete the questions accurately from actual knowledge and records; deliver it at or before lease execution; configure electronic-signature systems so delivery occurs on time; and preserve evidence of the completed disclosure and delivery.
Practical Steps for Tenants
Read the disclosure before signing. If it identifies prior flood damage, an insurance claim or flood assistance, consider asking additional questions and investigating flood risk. Keep the disclosure with the signed lease. If flooding later occurs, promptly document the event and damaged personal property and pay attention to statutory notice and timing requirements.
The Bottom Line
Florida’s rental flood-disclosure statute adds a specific pre-signing compliance step for covered residential leases. For landlords, the safest approach is a repeatable disclosure and documentation procedure. For tenants, the disclosure provides information that may matter when evaluating flood risk and insurance before committing to the tenancy.
At Caserta & Spiriti, PLLC, we assist Florida landlords, tenants, property owners and businesses with leases, landlord-tenant disputes, real estate contracts and related property matters.
Disclaimer: This article is provided for general informational and educational purposes only and is not legal advice. Reading it does not create an attorney-client relationship.