"(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting is located in a 100-year floodplain. If neither box is checked, you should assume the dwelling is in a 100-year floodplain. Even if the dwelling is not in a 100-year floodplain, the dwelling may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area. Most tenant insurance policies do not cover damages or loss incurred in a flood. You should seek insurance coverage that would cover losses caused by a flood."
"(Landlord) ( ) is or ( ) is not aware that the dwelling you are renting has flooded at least once within the last five years."
Tex. Prop. Code § 92.0135
I am an expert in real estate law and regulations, particularly with a focus on floodplain management and disclosure requirements for landlords. My knowledge encompasses the legal framework established by the Federal Emergency Management Agency (FEMA) and related statutes, such as the National Flood Insurance Act of 1968. I have a deep understanding of the terminology, concepts, and implications involved in flood hazard areas, including the significance of a "100-year floodplain."
Let's break down the key concepts mentioned in the provided article:
Concepts Used in the Article:
1. 100-Year Floodplain:
- Definition: An area designated as a flood hazard area with a one percent or greater chance of flooding each year by FEMA under the National Flood Insurance Act of 1968.
- Significance: Indicates the likelihood of flooding and helps in assessing flood risk for a particular location.
2. Flooding:
- Definition: A general or temporary condition of partial or complete inundation of a dwelling caused by various factors.
- Causes:
- (A) Overflow of inland or tidal waters.
- (B) Unusual and rapid accumulation of runoff or surface waters from established water sources like rivers, streams, or drainage ditches.
- (C) Excessive rainfall.
3. Landlord's Disclosure Obligations:
- Notice to Tenant:
- The landlord must provide a written notice to the tenant regarding the dwelling's location in a 100-year floodplain or the lack of such awareness.
- The notice includes information about FEMA's flood map for tenant verification.
- Emphasizes that even if not in a 100-year floodplain, the dwelling may still be susceptible to flooding.
- Exception:
- Landlords are exempt from disclosing if the dwelling's elevation is raised above the 100-year floodplain flood levels in accordance with federal regulations.
4. Five-Year Flood History:
- If flooding has damaged any portion of the dwelling within the last five years, the landlord must disclose this information to the tenant.
5. Notice Requirements:
- The notices regarding floodplain status and flood history must be included in a separate written document given to the tenant before or at the lease's execution.
6. Tenant's Right to Terminate Lease:
- If a tenant suffers substantial loss or damage due to flooding, they have the right to terminate the lease within 30 days after the date of the loss or damage.
- Substantial loss or damage is defined as total repair or replacement costs being 50 percent or more of the personal property's market value on the date of flooding.
7. Lease Termination Process:
- The termination is effective when the tenant surrenders possession of the dwelling.
- The landlord must refund all rent or other amounts paid in advance for any period after the termination's effective date.
8. Liability Exception:
- The section does not affect a tenant's liability for delinquent, unpaid rent, or other sums owed to the landlord before the lease termination.
9. Legislative Origin:
- The section was added by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 921, Sec. 1, effective from January 1, 2022.
This comprehensive overview should provide a clear understanding of the key concepts and legal provisions outlined in the article.
