Flood Hazard Disclosure

Flood Hazard Disclosure in California Rental Agreements on or After July 1, 2018

Bill AB 646 requires California rental property owners to disclose to tenants whether a property is located in a flood hazard area if the owner has “actual knowledge” of such information. Disclosures are required for every lease or rental agreement beginning July 1, 2018.

In response to this new law, EBRHA has updated all of its rental agreements to include the floodhazard disclosure (now found on page 7 of EBRHA’s rental agreement). The forms are now available to members on EBRHA.com under the “Forms” page. This requirement is only required in leases or rental agreements for residential property entered into on or after July 1, 2018. EBRHA members are advised to discard any residential lease or rental agreement that does not contain these revisions.

“Actual knowledge” includes, but is not limited to the following:

  • The owner has received written notice from any public agency stating that the property is located in a special flood hazard area or an area of potential flooding
  • The property is located in an area in which the owner’s mortgage holder requires the owner to carry flood insurance
  • The owner currently carries flood insurance
Other mandatory disclosures include the following:
  • That the tenant may obtain information about hazards, including flood hazards, from a specified website maintained by the Office of Emergency Services
  • That the tenant should consider purchasing renter’s insurance or flood insurance to insure his or her possessions from loss because the owner’s insurance does not cover such loss
  • That the owner is not required to provide additional information concerning flood hazards to the property and that the information provided by this bill is deemed adequate to inform the tenant

The purpose of the bill is to ensure tenants are aware of any potential threat that the property may flood. According to the author, tenants are often not aware if a property is prone to flooding or has had a history of flooding prior to signing a rental agreement.

To download these and other rental forms, log into the member portal on EBRHA.com and enter your username and password. Then click on “Download Exclusive Rental Forms” to be taken to the forms page.