by Mike Colpitts 
Florida lawmakers are attempting to make it safer in the Sunshine State for tenants forcing landlords to reveal to tenants when a home or rental unit has been flooded.- The tenant flood protections are an effort to make rental units healthier for tenants to live in after many have suffered serious illnesses as a result of mold and other bacteria.
- Mold infestation is widespread in Florida and has become especially critical following damages from hurricane water infestation.
Florida lawmakers have made it better for tenants in the Sunshine State. A new law forces landlords to reveal to prospective tenants that a home or other rental property has been flooded in the past as lawmakers issue tenant flood protections.
The disclosure is part of a new statewide movement to make rental units healthier for tenants following damage to some units that caused mold and water damage that has gotten many tenants sick. Thousands of tenants have knowingly and unknowingly been sickened by bacteria that has not been cleaned up thoroughly by property owners. Mold infestation is widespread in many residential properties in Florida and is often addressed in real estate sales.
In addition to expanding the residential sales flood disclosure, the lawmakers created the tenant flood protections disclosure for rental properties.
Section 83.512 requires Florida landlords to make the same three disclosures found in section 689.302 “at or before the execution of a rental agreement for a term of 1 year or longer.” The language that must be in the disclosure is spelled out precisely in the statute. The disclosure must be in a separate document so that perspective tenants are able to see the new disclosure.
Many leases provided by landlords are so lengthy in the state that few tenants actually read the entire lease, with many large Real Estate Investments Trusts (REITS) using leases that are as long as 25 pages in length to cover every item the owners want to include.
The new disclosure is intended to draw the tenants attention and make a major statement to perspective tenants and cannot be part of the lease. It has to be a separate document.
Section 83.512 also provides penalties when Florida landlords do not provide the disclosure to prospective tenants. If a landlord does not provide the disclosure, and the tenant suffers substantial loss or damage due to flooding, the tenant may give written notice of termination to go into effect no later than 30 days after the date of damage. The landlord must then refund all advance rent from the date of termination.
Mold is recognized as a major problem in the state’s properties. It has driven a major industry in Florida, mold remediation companies to contain the growth of mold from doing additional damage to homes and other buildings and making people sick.
The new law went into effect October 1, 2025. As with other disclosure forms required in Florida, it’s critical that the seller or landlord fill out the disclosure. A real estate licensee can point them in the right direction, but the disclosure is the landlord’s responsibility.