SB2349

The existing notices concern the landlord’s awareness that the dwelling is in a 100-year floodplain and known flood damage during the five years before the lease takes effect. Previously, required notices had to be in a separate written document. SB2349 allows a lease paragraph or addendum as alternatives and adds both parties’ signatures as evidence of giving and receiving the notice. Delivery remains due at or before lease execution. Prior flood-notice law; Final law, section 1.

The two notices are no longer required for a lease lasting less than 30 days, or for a temporary residential tenancy created by a sale contract under which the buyer occupies before closing or the seller remains after closing for a specified term of no more than 90 days. A 30-day lease is not within the first exception; the second is tied to a property sale, not every tenancy of 90 days or less. Final law, new 92.0135(a-1).

The act does not rewrite the required notice wording, the existing elevated-dwelling disclosure rule, or the flood-loss termination remedy. Under that existing remedy, a landlord’s violation and substantial personal-property flood loss can allow termination with written notice within 30 days after the loss; substantial means repair or replacement cost of at least 50% of the property’s market value when flooding occurred. Termination takes effect on surrender of possession; specified advance payments must then be refunded within 30 days, while earlier unpaid amounts remain owed. The new exceptions mean the two notices are not required for the exempt tenancies. Prior flood-notice law; Final law.

Changes during passage: All five posted versions have the same operative text, and the official amendment index lists none. Earlier leases and renewals remain governed by the former law. Introduced; Senate committee; Senate-passed; House committee; Final law; Version index; Amendment index.

Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.

Landlords gain flexibility to combine notices with other lease paperwork, while the signature requirement documents receipt. Tenants in the exempt short or sale-related occupancies lose these statutory notice requirements; an exemption does not mean the property cannot flood. The law does not require tenants to buy flood insurance or create insurance coverage. Final law; Prior flood-notice law.

The April 9 fiscal note anticipates no fiscal impact on state or local government. That does not measure private paperwork costs, flood losses or insurance costs. The act makes no appropriation. Official fiscal note; Final law.