Texas · Property Code §92.0135Texas landlord flood disclosure (TREC 54-1)
A Texas landlord must tell a tenant, in writing at or before the lease is signed, whether it knows the dwelling is in a 100-year floodplain and whether it knows the dwelling flooded in the last five years (Property Code §92.0135; TREC 54-1). If the landlord fails to and the tenant's belongings suffer a substantial flood loss, the tenant may terminate the lease by written notice within 30 days of the loss.
What the notice requires
Floodplain (§92.0135(b))
Whether the landlord is or is not aware the dwelling is in a 100-year floodplain; if neither box is checked, the tenant should assume it is. It points to FEMA's free flood map and warns that most renter policies do not cover flood.
Past flooding (§92.0135(d))
Whether the landlord is or is not aware that the dwelling flooded at least once in the five years before the lease.
How (§92.0135(e))
In a lease paragraph, an addendum or a separate document given at or before execution of the lease, signed by landlord and tenant.
Not required
Leases shorter than 30 days, and temporary tenancies under a sale contract of no more than 90 days – TREC's seller's and buyer's temporary leases.
If the landlord does not give it (§92.0135(f)–(g))
Substantial loss
Repair or replacement of the tenant's personal property costs 50% or more of its market value on the date of the flood.
Termination
The tenant may terminate by written notice no later than the 30th day after the loss; termination is effective when the tenant surrenders possession.
Refund
Within 30 days after termination the landlord refunds the rent paid in advance for the period after the effective date of termination.
What the TC or leasing agent tracks
- The signed flood notice in every new or renewed residential lease file.
- Not needed for TREC temporary residential leases (15-7, 16-7) tied to a sale.
- The FEMA flood map check before the landlord checks a box.
Questions about the Texas landlord flood disclosure
Do Texas landlords have to disclose flooding?
Yes. Under Property Code §92.0135 the landlord states whether it knows the dwelling is in a 100-year floodplain and whether it flooded in the last five years.
When must the flood notice be given to a tenant?
At or before execution of the lease, signed by the landlord and the tenant.
What if a Texas landlord does not give the flood notice?
If the tenant suffers a substantial flood loss to personal property, the tenant may terminate the lease by written notice within 30 days after the loss.
Is the flood notice needed for a leaseback after a sale?
No, not for a temporary tenancy under a sale contract of no more than 90 days, such as the TREC temporary residential leases.
Which TREC form is used for the landlord flood notice?
TREC 54-1, the Landlord's Floodplain and Flood Notice.
Related guides
ClosingCode keeps every signed document with its deal – including the temporary lease when a sale has a leaseback or early move-in.
Start free trialSources: Texas Property Code §92.0135 (statutes.capitol.texas.gov, read October 24, 2026); TREC No. 54-1 Landlord's Floodplain and Flood Notice (11-03-2025).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage, and it is not affiliated with TREC.