Flood Zone Notices on Texas Leases: What §92.0135 Requires

What does the Texas lease flood disclosure require?

We know that the Texas lease flood disclosure required by Property Code §92.0135 mandates landlords to give renters a written notice about floodplain status before a lease is signed. This mandatory paperwork applies to all residential leases, including the properties featured on the New Build Board. Staying compliant with these state regulations protects property owners from unexpected liability.

Our team has reviewed the latest updates from SB 2349, which took effect on September 1, 2025. The law now strictly requires both sides to sign a standalone written document or a specific addendum.

You cannot simply staple a generic notice to the back of a lease packet anymore.

Our specialists confirm that this strict documentation ensures tenants understand their water risk before moving in. Leases shorter than 30 days are completely exempt from this mandate. Clear documentation is essential for a smooth rental experience.

Board flood zones, Oct 25, 2026

Every board address was in FEMA Zone X except Braunwood at Town Creek, which sits in the 0.2% annual chance area.

What the notice asks

We look at two primary categories of information requested on this state form to ensure full compliance. The document requires a clear declaration of the property’s mapped floodplain status and its documented flood history. These details help business owners and residents assess their true risk level.

Our legal research highlights the specific definition of flooding under the 92.0135 flood notice statute. The law defines this as a general or temporary condition of complete or partial inundation. This can be caused by inland waters, rapid runoff from a drainage ditch, or excessive rainfall ponding.

Our experts verify these specific disclosures on every form before a signing:

• Floodplain status: The landlord must state if the property sits in a 100-year floodplain (1% annual chance) or a 500-year floodplain (0.2% annual risk).
• Flood history: Texas law mandates a lookback period of five years to disclose any known water damage to the unit.
• Insurance warning: The notice warns renters that standard insurance excludes flood damage, prompting them to buy separate coverage.

How to read the answers

We instruct property owners to carefully review the tenant’s interpretation of these check boxes. The provided answers directly impact the renter’s insurance decisions and the landlord’s general risk assessment. Clear communication here prevents costly misunderstandings down the road.

Answer	What it means for you
Not in a known floodplain	Lower mapped risk; flood insurance is optional
In a 500-year (0.2%) floodplain	Lower but real risk; consider contents flood coverage
In a 100-year (1%) floodplain	Higher mapped risk; contents flood coverage is worth pricing
Flood damage in the past	Ask what happened, what was repaired, and when

Our experience shows that a “no” on flood history in a brand-new building simply means the structure is too new to have a history. This does not guarantee the site has safely survived a major storm. This blank slate is completely normal for new construction projects across Texas.

We still highly recommend reviewing the official FEMA map for the specific address. Historical data from the National Flood Insurance Program shows that roughly one in four claims comes from outside high-risk zones. Updated Atlas 14 rainfall data is also currently reshaping flood maps across many Texas counties.

What Zone X means

We define FEMA Zone X as the geographic areas located outside the 1% annual chance floodplain. Unshaded Zone X marks areas of minimal mapped risk, while shaded Zone X indicates the 0.2% annual chance area. Mapped risk is certainly not the same as zero risk.

Our Oct 25, 2026 data confirmed that all board addresses were in Zone X except Braunwood at Town Creek. That specific property sits slightly higher at the 0.2% risk level. The Collection Schertz Station’s flood status is still being confirmed.

We see that new construction in San Antonio is built to strict current drainage rules. Many modern commercial and residential sites include detention ponds or engineered drainage channels to manage runoff. Heavy rain can still cause street flooding and low-water crossings anywhere in the metro area.

Our team tracks average policy pricing to help clients budget accurately:

• NFIP Zone X Average: Data from 2026 shows federal insurance averages between $400 and $900 per year in Texas.
• Private Flood Insurance: These alternative policies can sometimes be 30 to 50 percent cheaper for eligible low-risk properties.

Questions to ask before you sign

We always recommend asking specific, targeted questions before finalizing any commercial or residential lease. These inquiries help both landlords and tenants clarify liabilities and protect their physical assets. A quick conversation can prevent massive financial losses later.

• Is this unit’s address in a mapped floodplain, and which specific FEMA zone applies?
• Has the building had any flood or water intrusion since opening its doors?
• Are the ground-floor units elevated safely above the street level?
• Where does the designated parking sit relative to the property drainage channels?
• Does the community management recommend separate contents flood coverage?
• Have you completed the standard TXR 2015 Addendum Regarding Rental Flood Disclosure?

Our advisors suggest bringing these points up early in the negotiation process. The answers will determine if you need to adjust your insurance budget for the year. Property owners should have this data readily available for all prospective tenants.

Renters insurance and flood coverage

We emphasize that standard property and renters insurance policies typically only cover theft and fire. These common agreements usually exclude water damage caused by rising floods. A separate contents flood policy is required for that specific protection.

Our agents confirm that National Flood Insurance Program contents coverage is available up to $100,000 for residential renters. If a building sits in a mapped floodplain, separate contents coverage provides crucial financial security. You should ask your insurance agent about specific costs and mandatory waiting periods.

We always warn clients about key insurance requirements before finalizing a lease:

• The 30-Day Rule: A standard 30-day waiting period applies before federal flood policies take effect.
• Minimum Coverage Limits: Your lease agreement may require insurance with a specific minimum coverage amount.
• Interested Party Status: You must confirm whether the property community needs to be listed on the policy.

If something happens after you move in

We advise tenants and property owners to act immediately if water gets into a unit. You must report the intrusion to the community management in writing right away. Taking dated photographs of the damage is a critical first step for any future claims.

Our protocol suggests specific immediate actions to mitigate loss:

• Move your belongings to a dry, elevated area if you can do so safely.
• Contact your insurer immediately if you carry a separate flood policy.
• Follow up in writing regarding the repair schedule to maintain clear documentation.

We notify tenants of their legal rights under Texas law if a landlord fails to provide the proper notice. A tenant who suffers substantial property damage from a flood may have the right to terminate the lease if they never received the Section 92.0135 disclosure. This termination right must typically be exercised within 30 days of the damage occurring.

Our team can help raise communication issues with the community management if their response to repairs is too slow. Prompt action minimizes the disruption to your business or home life.

Where the flood notice fits in your lease review

We consider the apartment floodplain disclosure Texas mandates to be one of several critical notices checked during a thorough lease review. You can consult the guide on lease addenda red flags to review the other important documents. Those other forms include concession payback terms, hidden fees, renewal clauses, and the §92.017 military clause.

Our team will carefully note any building located outside Zone X when you send us your property shortlist. The review process ensures the signed flood notice is securely included in your final packet before you sign the contract. Proper documentation protects everyone involved in the transaction and guarantees state compliance.

We invite you to contact our office directly if you need help reviewing a pending lease agreement. A quick professional review can save you from unexpected liabilities. Send your documents over today to secure your peace of mind and protect your investment.