New Florida Law Requires Flood Disclosure for Buyers and Renters

A new law in Florida is giving home buyers, renters, and mobile homeowners a crucial heads-up about past flooding at their prospective properties. Signed into law by Governor Ron DeSantis on Friday, this law expands an existing measure aimed at improving transparency in the state’s housing market. Florida’s rising flood risks due to climate change prompt this law to ensure residents stay better informed about their homes’ flooding history.

Expanding Protections to Renters and Mobile Home Owners

Previously, Florida home sellers were required to disclose whether their property had flooded in the past, starting in 2024. However, the new law, which will go into effect on October 1, broadens this mandate to include renters, mobile homeowners, and property developers. This means anyone renting a home or mobile home must now learn about flooding history before signing a lease.

Rep. Christine Huschofsky, a Democrat from Parkland and one of the bill’s sponsors, explained the importance of this expansion: “This was just to make sure that we were covering all people who were in a home, whether they were renting a home or a condo that they were made aware of the risks of flooding.”

Key Provisions for Renters

The law introduces important protections for renters. Assuming a landlord fails to disclose a property’s flood history and a flood causes significant damage to the tenant’s belongings. In that case, the renter can terminate the lease within 30 days. They will also be entitled to a refund for any rent paid in advance. This provision protects renters from unexpected damage that could impact their living situation and finances.

Closing Loopholes in Previous Legislation

This new law also addresses loopholes in earlier legislation. For example, the original law, passed in 2024, required home sellers to answer a direct question about previous flooding on the property. However, the wording of the bill was diluted at the last minute, which limited its effectiveness. The new bill now ensures that flood history is clearly disclosed and offers stronger consumer protections.

An Urgent Need for Disclosure Amid Climate Change

Florida has become one of the country’s most vulnerable states to flooding, especially with the increasing impact of climate change. As flooding risks grow from hurricanes and rainstorms, this law offers transparency. It helps buyers and renters make informed decisions.

According to Rachel Rhode, a manager at the Environmental Defense Fund, this law addresses an important gap in consumer protections, especially for the many new residents moving to Florida. “In a state like Florida, renters are not often top of mind like they are in New York or elsewhere,” she said. “Renters still need to be protected as well.”

The Bigger Picture

Experts agree that the best indicator of future flooding risk is a history of past flooding. For many Floridians, however, getting accurate information about whether a property has flooded has historically been difficult. This law aims to bridge that gap by providing critical information that homeowners, renters, and mobile home buyers can use to assess flood risk and make safer decisions.

Despite the bill’s passage, some critics still point out a risk to buyers if sellers lie about flooding history. This remains an ongoing issue for many potential homebuyers. In flood-prone coastal areas, flood disclosures are crucial for informed choices.

More… 

• https://www.miamiherald.com/news/local/environment/climate-change/article309235210.html  
• https://www.winknews.com/news/state/new-condo-laws-in-florida-aim-to-ease-fees-and-protect-renters-from-floods/article_75825628-64d6-4965-bf71-2578c6ef4106.html 
• https://www.yahoo.com/news/law-gives-florida-buyers-renters-093000648.html