In Dallas–Fort Worth, you don’t need a hurricane to ruin your week. One cranky thunderstorm can turn a calm creek into a surprise swimming pool and your rental into a soggy group project nobody signed up for. Then came the calls, the photos, the “this has never happened before” claims, and the big one: did you tell the tenant about the flood risk or did you just vibe and hope?
Texas is done with “hope.” Senate Bill 2349 updates Texas Property Code Section 92.0135 and tightens how flood-related notices must be delivered and documented starting September 1, 2025.
Here’s what’s changing, who it hits, and how to stay compliant without turning lease signing into a full-time job.
Key Takeaways
- SB 2349 updates documentation and exemptions tied to flood-related notices under Texas Property Code Section 92.0135.
- Required flood notices must be in writing, and the document containing the notice must be signed by both landlord and tenant.
- Leases under 30 days and certain temporary occupancy tied to a contract for sale (up to 90 days) are exempt.
- The changes apply to leases entered into or renewed on or after September 1, 2025.
What Is SB 2349 and Why Does It Matters
Texas has had flood notice rules for a while, but they were easy to handle differently, especially with short stays or temporary housing. SB 2349 clears that up. It tells you exactly when a notice is required, when it’s not, and what signed paperwork you need to keep.
Bottom line: tenants know the risk up front, and you reduce headaches if flooding happens.
What Texas Law Requires Under Section 92.0135
Texas Property Code Section 92.0135 includes two separate flood-related notices that landlords may be required to provide.
Notice 1: 100-Year Floodplain Awareness
This is the map-based notice. You’re stating whether you’re aware that the home is in a 100-year floodplain, which is FEMA’s way of saying the area has about a 1% chance of flooding in any given year.
Notice 2: Prior Flooding Within the Last Five Years
This one is about real-life history. If you know the property has had flood damage at least once in the five years before the lease starts, you must give a written notice saying whether you’re aware it flooded at least once in that timeframe.
These two notices go together, but they cover different things. A lot of landlords remember the floodplain notice and forget the “flooded before” notice, so make it a standard step if your property has a flood history.
Properties Covered by Flood-Related Notice Rules
These rules apply to residential rentals when the conditions in Section 92.0135 apply. In real life, that means you should treat flood notices like a normal lease step, especially if the property sits near creeks, lakes, drainage channels, or low-lying areas around DFW.
SB 2349 doesn’t change what counts as a floodplain. It changes how you must give the notice and prove you did it.
Key Changes Under SB 2349
Written Notices Must Be Signed
If SB 2349 applies, the required flood notice must be in writing, and the document that contains it must be signed by both the landlord (or agent) and the tenant.
You can include it in the lease, add it as an attachment, or use a separate form. Just make sure it’s given at or before signing, and everyone signs it.
Clear Exemptions for Short-Term and Certain Temporary Arrangements
Flood notices under Section 92.0135 are not required for:
- Leases under 30 days
- Temporary occupancy tied to a contract for sale with a set term of 90 days or less
Effective Date and Applicability
SB 2349 starts September 1, 2025. It applies to new leases and renewals signed on or after that date, not older leases.
How Landlords Can Stay Compliant
Update Lease Packets Early
Don’t wait until late summer. Update your lease templates and leasing packet now so your team is ready well before September 1, 2025. Keep the notice language clear, easy to spot, and include signature lines.
Identify Which Properties May Trigger Floodplain Disclosure
Build this into your normal workflow. When you’re prepping or listing a unit, check whether it may fall within FEMA’s mapped 100-year floodplain. That way, your leasing team isn’t guessing at the last minute.
Add a Step for the Prior Flooding Notice
If you have records showing flood damage within the last five years, set a standard process for issuing the prior flooding notice. Maintenance notes, insurance claims, and vendor invoices can be enough to flag it.
Maintain Organized Records
Keep the signed notices with the lease file. If a flood happens and emotions run high, having documentation ready can save you a lot of time and trouble.
Seek Legal Guidance When Needed
If a tenant won’t sign or you’re unsure a notice applies, talk to a Texas real estate attorney. It’s cheaper to confirm your process now than defend it later.
Why This Law Benefits Smart Landlords
No one gets into real estate for the paperwork, but clear disclosures protect the people doing things the right way. When tenants understand flood risk before they move in, there’s less confusion and fewer arguments if a storm hits.
In DFW, where the weather can flip fast, and lease signings happen quickly, a signed notice is an easy win. It sets expectations early, strengthens your file, and gives both sides a little more peace of mind.
FAQs
- Do all Texas rentals require a flood notice?
No. Flood-related notices are tied to the requirements in Texas Property Code Section 92.0135. In general, notice obligations focus on whether the landlord is aware the dwelling is in a 100-year floodplain and, in certain cases, whether the landlord knows the dwelling has flooded within the last five years.
- Can the flood notice be included in the lease itself?
Yes. The notice can be included in the lease, added as an addendum, or provided as a separate written document, as long as it is provided at or before lease signing and the document containing the notice is signed by both landlord and tenant.
- What happens if a tenant refuses to sign the notice?
SB 2349 requires the document containing the required notice to be signed. If a tenant will not sign, it is smart to seek legal guidance before moving forward.
- Does SB 2349 apply to commercial properties?
No. The notice requirements in this guide apply to residential rental dwellings under Texas Property Code Section 92.0135, not commercial leases.
Signed, Sealed, Storm-Ready
SB 2349 makes flood notices in Texas rentals clearer and harder to ignore. Starting September 1, 2025, landlords should be ready to provide the required flood notices in writing, get signatures from both parties, and apply the short-term and contract-for-sale exemptions correctly.
Do the prep now: update your lease packet, confirm flood risk up front, and keep clean records so you’re not scrambling after the next big storm.
Want a team that treats compliance like part of protecting your profits? Red Team Real Estate helps Texas landlords stay ahead of deadlines, tighten leasing processes, and keep rentals running smoothly, even when the weather doesn’t cooperate. Reach out to us to get a clear plan for your leases and your process!
Additional Resources
Should I Rent or Sell My House? Essential Tips to Guide Your Decision
How to Pass a Dallas Rental Inspection the First Time and Avoid Re‑inspection Fees
