What does §92.0135 require?
If you’re renting one of the new apartments in Fort Worth, Texas law says you should get a flood notice before you sign. Texas Property Code §92.0135, added by HB 531 and effective Jan 1, 2022, requires landlords to give a written floodplain and flood-history notice at or before signing.
The notice covers two things. First, whether the dwelling is in a 100-year floodplain, based on FEMA’s maps. Second, whether the landlord knows of flooding in the dwelling within the last five years. You read it before you commit.
What changed on Sept 1, 2025?
SB 2349 took effect Sept 1, 2025. It requires both parties to sign the flood notice, so it’s no longer a page you might skim past. Leases shorter than 30 days are exempt. For a standard 12-month lease at a new building, you should see it and sign it.
We ask for it on every lease
Before you sign, we ask the community for the signed §92.0135 notice and keep a copy with your shortlist. If it’s missing from the packet, we follow up in writing.
How do FEMA zones show up on our board?
We state FEMA zones as building facts only. We never call a zone safe, and we don’t rank buildings by flood zone. Here are the facts on our Oct 25, 2026 board:
| Building | Area | FEMA fact |
|---|---|---|
| Resia North City | North Fort Worth | Geocoded point in Zone AE |
| Domain Benbrook | Southwest Fort Worth (Benbrook) | Geocoded point in Zone AE |
| Deco 969 | Downtown Fort Worth | Levee-protected Zone X |
A geocoded point is a single map location for the property. Large communities can cover more than one zone, so the notice for your specific unit is the document that matters.
How can you look up a FEMA zone yourself?
You can check any address on FEMA’s Flood Map Service Center. Here’s how we’d do it:
- Search the building’s street address on the FEMA map site.
- Find the zone label where the address lands. Zone AE is a 100-year floodplain with base flood elevations. Zone X areas are outside it, and some are protected by levees.
- Note any map changes. Maps get revised, so the date of the panel matters.
- Compare with the notice. The landlord’s notice should match the map and add any known flood history.
A zone is one input. The flood-history part of the notice, and renter’s insurance with flood coverage if you want it, are separate decisions. We’d talk through them, not choose for you.
What does the notice look like?
The notice is usually a one or two-page addendum in your lease packet. It asks the landlord to state, in writing, two things about the dwelling: whether it’s in a 100-year floodplain, and whether the landlord knows of any flooding that damaged the dwelling within the last five years.
| Question on the notice | What a “yes” means |
|---|---|
| Is the dwelling in a 100-year floodplain? | FEMA maps place it in a zone like AE |
| Has the dwelling flooded in the last 5 years? | The landlord knows of flood damage |
| Signed by both parties? | Required since Sept 1, 2025 |
For a brand-new building, the five-year history may be short, since the building hasn’t existed that long. The floodplain answer still applies, because it’s based on the site.
A “yes” answer isn’t a reason to rule out a building on its own. It’s a fact to weigh, alongside the unit’s floor, parking location, and whether you want renter’s insurance with flood coverage. A standard renter’s policy usually excludes flood, so that’s a separate question to ask your insurer.
If the notice is missing, ask for it before you sign. If it’s in the packet but blank, ask the office to complete it. We keep the signed copy with your shortlist records.
Where does the notice fit with the rest of the lease?
The flood notice is one of several pages we read before you sign. Concession addenda, fee addenda, renewal terms, and early-exit clauses can all change what you pay. Our guide on lease red flags at a new build lists each one, with what to look for.
Every building on the New Build Board carries its address facts, including the FEMA fact when we have one. Send us your list and we’ll ask each community for the notice before you sign.
