Cal. Civ. Code § 25
Disclosure of potential flooding in rental and lease agreements
Operative Text
Disclosure of potential flooding in rental and lease agreements.
(a) As used in this Section:
"Flood" and "flooding" mean a general or temporary condition of partial or complete inundation of a dwelling or property caused by:
(1) the overflow of inland or tidal waves;
(2) the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch; or(3) rainfall.
"Lower-level unit" means any garden level unit, basement level unit, or first floor level unit.
(b) Every landlord shall clearly disclose to each of the landlord's tenants in writing prior to signing the lease for the rental property that a rental property is located in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area ("100-year floodplain") and if the landlord has actual knowledge that the rental property or any portion of the parking areas of the real property containing the rental property has been subjected to flooding and the frequency of such flooding. Such disclosure shall also be included in the written lease or the written renewal lease and shall be signed by both parties.
(c) Every landlord who leases a lower-level unit shall clearly disclose to each of the landlord's lower-level unit tenants in writing prior to the signing of the lease for the lower-level unit if the lower-level unit or any portion of the real property containing the lower-level unit has experienced flooding in the last 10 years and shall disclose the frequency of such flooding. Such disclosure shall also be included in the written lease or the written renewal lease and shall be signed by both parties.
(d) The written disclosure shall look substantially similar to the following:
"(Landlord) [ ] is or [ ] is not aware that the rental property is located in a FEMA Special Flood Hazard Area ("100-year floodplain"). The property has experienced flooding [ ] times in the last 10 years. Even if the rental property is not in a Special Flood Hazard Area ("100-year floodplain"), the dwelling may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area.
(Landlord) [ ] is or [ ] is not aware that the rental property you are renting has flooded at least once in the last 10 years. The rental property has flooded [ ] times in the last 10 years. Even if the dwelling has not flooded in the last 10 years, the dwelling may still be susceptible to flooding.
Most tenant insurance policies do not cover damage or loss incurred in a flood. You are encouraged to examine your policy to determine whether you are covered. If you are not, flood insurance may be available through FEMA's National Flood Insurance Program to cover your personal property in the event of a flood. Information regarding flood risks can be found at the dnr.illinois.gov (Illinois Department of Natural Resources), fema.gov (FEMA), and ready.gov/flood (U.S. National public service).
Landlords are required to disclose the above information pursuant to Section 25 of the Landlord and Tenant Act. A landlord's failure to comply with Section 25 of the Landlord and Tenant Act shall entitle the tenant to remedies as defined in that Section.
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(Tenant Signature) (Date)
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(Landlord Signature) (Date)"
(e) If a landlord fails to comply with subsection (b), and the tenant subsequently becomes aware that the property is located in the FEMA Special Flood Hazard Area ("100-year floodplain") the tenant may terminate the lease by giving written notice of termination to the landlord no later than the 30th day after a tenant becomes aware of the landlord's failure to comply with subsection (b), and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice.
If a landlord fails to comply with subsection (b) or subsection (c) and flooding occurs that results in damage to the tenant's personal property, affects the habitability of the leased property, or affects the tenant's access to the leased property, the tenant may:
(1) terminate the lease by giving written notice to the landlord no later than the 30th day after the flood occurred and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice; and(2) bring an action against the landlord of the property to recover damages for personal property lost or damaged as a result of flooding. (e) Exemptions. This Section does not apply to farm leases, concession leases, and rental properties owned or managed by the Department of Natural Resources.
(f) This Section may not be interpreted to permit the renting, leasing, or subleasing of lower-level units in a municipality if the municipality does not permit the renting, leasing, or subleasing of such units.Under 765 Ill. Comp. Stat. 705 § 25, Illinois landlords are required to provide written flood-related disclosures to tenants before a lease is signed, and those disclosures must also appear in the written lease itself, signed by both parties. The rule covers two main situations: whether the property sits in a FEMA Special Flood Hazard Area (100-year floodplain), and whether the property—or a lower-level unit specifically—has experienced flooding in the past 10 years, including how often. If a landlord fails to make the required disclosures and flooding later damages a tenant's property, affects habitability, or blocks access, the tenant gains specific legal remedies, including the right to terminate the lease and seek compensation for damaged personal property.
Plain English — not legal advice.
Operators subject to 765 Ill. Comp. Stat. 705 § 25 generally prepare a written flood disclosure—substantially matching the statutory form—before any lease signing, covering both FEMA floodplain status and any known flooding history on the property. For lower-level units (garden, basement, or first-floor), compliant operators also document and disclose any flooding that occurred within the preceding 10 years, along with its frequency. Both the landlord and tenant sign the disclosure, and the same information is incorporated into the written lease or renewal lease; maintaining records of these signed disclosures is a standard practice for demonstrating compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 25 of 765 Ill. Comp. Stat. 705 entitles tenants to receive a signed, written flood disclosure before signing any lease, and that disclosure must be part of the lease document itself. If a landlord does not provide the required disclosure and the tenant later learns the property is in a FEMA Special Flood Hazard Area, the tenant has a window—generally 30 days after learning of the omission—to give written notice terminating the lease and seek return of prepaid rent and fees. Tenants who experience flood damage after a disclosure violation may also have grounds to pursue a claim for damaged personal property; tenant-rights organizations and legal aid offices can help explain what options exist under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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