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A bill mandating landlords inform tenants about possible flood risks is on its way to the governor of Florida for approval.
Senate Bill 948 was introduced in March 2025 and passed unanimously through the Senate and the House in April.
“Flood risk disclosures gained unanimous support because flooding impacts everyone—landlords, tenants, and communities alike,” says attorney Chad D. Cummings, of Cummings & Cummings Law in Florida and Texas. “With Florida’s frequent extreme weather events, clarity on flood risk becomes a basic necessity rather than an optional consideration.”
If Gov. Ron DeSantis signs the bill, the new law would go into effect on Oct. 1, protecting millions of renters in the state from leasing a home that is at risk of severe water damage.
“Renters—unlike homeowners—typically lack the financial and practical resources and incentives available to homeowners, like flood insurance or the ability to make property modifications,” says Cummings. “Ensuring they understand flood risks is crucial because they often have less control over their homes but face similar threats. This legislation helps balance the scales by equipping renters with critical information, allowing them to adequately prepare or even choose safer housing options.”
Surprisingly, there are a number of states that don’t have flood disclosure laws in place for renters, including states that have an abundance of locales positioned along the coast. While laws protecting homebuyers have been in place for awhile, renters are only now seeing lawmakers work to protect their homes, too.
Flood disclosure laws for homebuyers vs. renters
Certain states, such as Florida, have required flood risk disclosures during property sales for years, but only just this year have pushed to have the same protections apply to rental agreements.
Although FEMA provides flood risk data and encourages public awareness, there is currently no federal law requiring landlords or sellers to disclose flood risk information—leaving the issue up to individual states.
The past decade has seen growing momentum for stronger legislation in response to extreme weather events, such as Hurricane Sandy in New York and New Jersey, and Hurricane Helene in the Carolinas.
Since 2018, 10 states (Florida, Hawaii, Maine, New Hampshire, New Jersey, New York, North Carolina, South Carolina, Texas, and Vermont) have enacted or improved their flood risk disclosure laws, with five of those states putting legislation into motion just last year.
States without flood disclosure laws protecting renters
According to a recent analysis by the Natural Resources Defense Council (NRDC), there are 15 states that have no statutory or regulatory flood disclosure laws for rental transactions: Alabama, Arizona, Arkansas, Georgia, Idaho, Kansas, Maine, Massachusetts, Missouri, Montana, New Mexico, Utah, Virginia, West Virginia, and Wyoming.
Of those 15 states, five have communities on the coasts:
Alabama
Alabama does not have specific state laws requiring landlords to disclose flood risks or past flood damage to renters. It doesn’t have laws requiring home sellers to disclose flood risks or past flood damage to prospective buyers, either.
Despite this oversight, Alabama has experienced significant flooding events in recent months due to severe weather systems bringing heavy rainfall across the state. This led to significant flooding in many regions.
For example, in September, Hurricane Helene, a Category 4 storm, impacted the Southeastern U.S., including Alabama. The hurricane brought torrential rains and storm surges, resulting in historic flooding across Alabama’s coastal regions. And in June 2021, Tropical Storm Claudette also caused significant flooding in the state.
Georgia
Georgia also has no state laws obligating home sellers to disclose flood risks or a property’s flood history to buyers—and similarly, landlords aren’t required to inform tenants of flood hazards.
The NRDC and a consulting firm, Mililman, found that Georgia has an average estimated flood damage cost of $142,000. That’s the third highest after Alabama and Connecticut.
Indeed, Georgia has experienced several significant flooding events in recent years, primarily due to hurricanes and tropical storms. In September 2024, Hurricane Helene tore through Georgia, bringing catastrophic flooding and wind damage.
Maine
Although Maine has no state laws requiring landlords to inform tenants of flood hazards, the state has enacted laws requiring property sellers to disclose flood risks to potential buyers. That’s been important for residents of coastal cities like Portland, Bar Harbor, York, and Camden
But it’s not just areas along the coast that need to worry. In December 2023, there was catastrophic flooding across Central and Western Maine. Then, in March 2024, a storm delivered record-setting rainfall to parts of Maine, which caused flooding, damaged roads, and power outages affecting tens of thousands of residents.
Massachusetts
Massachusetts does not currently have any state laws requiring home sellers to disclose flood risks or past flood damage to buyers, or for landlords to disclose flood risks to tenants.
However, the current governor is more than aware of the risks. In 2025, she proposed a strategy to protect the Massachusetts coastline from rising seas and intensifying storms, which includes a voluntary property buyout program in flood-prone areas.
This comes after major storms have blown through the area in recent years—like in 2023, Massachusetts faced flash flooding for three straight months over the summer.
Virginia
Under the Virginia Residential Property Disclosure Act, sellers are obligated to disclose specific flood-related information to potential buyers.
But in Virginia, landlords are not legally required to disclose flood risks to tenants. The state operates under a “buyer beware” and “tenant beware” philosophy, placing the responsibility on renters to investigate potential flood hazards independently.
Virginia has experienced several significant flooding events over the past few years, primarily affecting the southwestern and central regions.
The remnants of Tropical Storm Ophelia in September 2023 brought heavy rains and strong winds to Virginia, causing localized flooding, power outages, and property damage. States of emergency were declared in Virginia and neighboring states.
In September 2024, Hurricane Helene’s remnants caused severe flooding in Virginia, with emergency crews performing more than 70 rescues.
Steps you can take to protect yourself
Given the absence of explicit flood disclosure requirements, prospective tenants should consult FEMA flood maps to take proactive steps to determine if the property is located in a designated flood zone.
Standard renters insurance typically does not cover flood damage. To protect your belongings from flood damage, you’ll need to purchase a separate flood insurance policy, such as one through the National Flood Insurance Program or a private insurer.
You can also write your local legislators. “Given the increasing frequency of extreme weather nationwide, it is likely other states—especially those prone to flooding and hurricanes—will adopt similar renter protection laws,” says Cummings. “As climate issues escalate, legislation protecting tenants will increasingly become the norm rather than the exception.”
