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As of the 2026 rental season, Florida Statute § 83.512 is in full effect. It isn't just "another form"—it’s a major shift in landlord liability. Here are the most frequent questions we receive at AJGPM from our referral partners. 1. Does this law apply to every rental property? ➡️Yes. Whether it’s a 10th-floor condo in Boca Raton or a single-family home in Stuart, the disclosure is mandatory for all residential leases with a term of one year or longer. There is no "high-elevation" exemption. 2. Can the disclosure be a clause inside the lease? ➡️No. This is a common mistake. The statute explicitly requires the Flood Disclosure to be a separate, standalone document. If it is buried on page 14 of a 20-page lease, it is likely non-compliant, potentially giving the tenant a legal "out" later. 3. What exactly must a landlord disclose? ➡️The landlord must disclose three specific things based on their actual knowledge during their period of ownership: Any prior flooding that damaged the dwelling unit. Any flood-related insurance claims filed (including NFIP). Any flood-related assistance received (FEMA or other federal/state aid). 4. What happens if a landlord simply "doesn't know" the history? ➡️The law applies to "knowledge... during the Landlord's ownership." However, "not knowing" is a weak legal defense if a public FEMA claim exists from two years ago. At AJGPM, we pull historical claim reports for our owners to ensure their disclosure is bulletproof. 5. What is the "50% Rule" for lease termination? ➡️This is the "Grey Area" of the law. If a landlord fails to provide the disclosure and a flood occurs, the tenant can terminate the lease within 30 days—but only if they suffer "substantial damage." The Definition: "Substantial damage" is defined as repair/replacement costs exceeding 50% of the market value of the tenant's personal property on the date of the flood. The Risk: Disputes over "market value" of used furniture and electronics often lead to expensive litigation. 6. Do we need a new signature for lease renewals? ➡️Yes. The statute applies to the "execution" of a rental agreement. When a tenant renews for a new year, you are executing a new agreement. If a flood occurred during the previous lease term, that must now be disclosed in the renewal disclosure. 7. Does the landlord have to refund the security deposit if the tenant breaks the lease under this law? ➡️If a tenant terminates correctly under § 83.512, the landlord must refund all prepaid rent and other amounts paid in advance for the period after termination. ➡️While the statute doesn't explicitly mention the security deposit, standard Florida deposit laws still apply—meaning you cannot keep a deposit simply because the tenant used their legal right to terminate.

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