Cal. Civ. Code § 44-7-20
[Effective July 1, 2026] Notification to prospective tenant of property’s propensity toward flooding.
Operative Text
When the owner of real property, either directly or through an agent, seeks to lease or rent that property for residential occupancy, prior to entering a written agreement for the leasehold of that property, the owner shall, either directly or through an agent, notify the prospective tenant in writing of the property’s propensity of flooding if flooding has damaged any portion of the living space covered by the lease or attachments thereto to which the tenant or the tenant’s resident relative has sole and exclusive use under the written agreement at least three times during the five-year period immediately preceding the date of the lease. An owner failing to give such notice shall be liable in tort to the tenant and the tenant’s family residing on the leased premises for damages to the personal property of the lessee or a resident relative of the lessee which is proximately caused by flooding which occurs during the term of the lease. As used in this Code section, the term “flooding” means the inundation of a portion of the living space covered by the lease which was caused by an increased water level in an established water source such as a river, stream, or drainage ditch or as a ponding of water at or near the point where heavy or excessive rain fell. This Code section shall apply only to leaseholds entered into on or after July 1, 1995.
Under O.C.G.A. § 44-7-20, effective for leases entered on or after July 1, 1995 (with updated notice requirements taking effect July 1, 2026), residential property owners are required to disclose in writing—before a lease is signed—if the leased living space has flooded at least three times in the five years preceding the lease date. 'Flooding' under this provision refers specifically to inundation caused by rising water from an established source like a river or drainage ditch, or by ponding from heavy rainfall. An owner who fails to provide this written notice may be held liable in tort for personal property damage to the tenant and resident relatives that results from flooding during the lease term.
Plain English — not legal advice.
Property owners and managers operating under O.C.G.A. § 44-7-20 generally maintain records of flooding events affecting residential living spaces so they can accurately assess whether the three-occurrences-in-five-years threshold has been met before any new lease is signed. When that threshold is met, compliant operators provide a written flooding disclosure to prospective tenants prior to executing the lease agreement, whether acting directly or through a leasing agent. Keeping documentation of both the flooding history and the delivery of any required written notice is a practice commonly associated with managing liability exposure under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
O.C.G.A. § 44-7-20 gives prospective tenants the right to receive a written flooding disclosure before signing a lease, when the property's living space has flooded at least three times in the preceding five years. If an owner fails to provide that notice and flooding during the lease term damages your or a resident relative's personal property, the statute creates a potential tort claim for those damages. Tenants who believe this disclosure was withheld may wish to consult a tenant-rights organization or legal aid service to understand the range of options available, including raising the violation in a civil proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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