DOWNLOAD SAMPLE FLOOD DISCLOSURE ADDENDUM
Illinois added Section 25 to the Landlord & Tenant Act requiring a flood-risk disclosure for every lease or renewal. You must:
Give the disclosure before the tenant signs, and include it inside the lease/renewal with both parties’ signatures.
Disclose if the property is in a FEMA Special Flood Hazard Area (100-year floodplain) and whether you know of past flooding (and how often).
For lower-level units (garden, basement, or first floor), disclose whether the unit or site flooded in the last 10 years and the frequency.
Failing to comply gives the tenant powerful remedies, including the right to terminate after discovering you didn’t disclose, and—if flooding later affects property, habitability, or access—terminate and sue for damages.
A compliant, copy-and-use disclosure (lease insert)
The statute says your disclosure must be “substantially similar” to the model text. The clause below tracks the law without quoting it verbatim and includes signature lines for the lease packet. (If you prefer the exact statutory template, use the linked section and paste it verbatim.)
Illinois Flood Disclosure (765 ILCS 705/25)
(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.
(Place this in the lease packet and have all adult tenants sign; retain with your executed lease.)
What to disclose—and when
Before lease signing tell the prospect (and then include inside the lease):
Whether the property is in a FEMA Special Flood Hazard Area.
Whether you actually know of prior flooding at the unit/site or its parking areas, and how often it happened.
For lower-level units, whether the unit/site flooded in the past 10 years and how frequently.
All of the above must also appear inside the lease or renewal and be signed by both parties.
What happens if you miss it (or get it wrong)
If you didn’t give the pre-lease/lease disclosure and the tenant later learns the home is in a FEMA Special Flood Hazard Area, they can terminate the lease with written notice (deadline rules apply) and you must refund prepaid rent/fees promptly.
If you failed to disclose as required and a flood later damages personal property, impairs habitability, or blocks access, the tenant may terminate and sue for damages.
Definitions (so you know what you’re attesting to)
“Flood/Flooding” includes overflow, rapid runoff/surface waters (e.g., river, stream, drainage ditch), and rainfall.
“Lower-level unit” means garden, basement, or first-floor.
Practical tips to stay airtight
Use the same one-page disclosure in marketing packets and the lease to keep stories consistent.
Check FEMA maps (address search) when onboarding each property; save a PDF to your file.
Ask sellers/owners for a 10-year flooding history when you take on management, especially for lower-level units.
Train staff never to downplay risk; stick to the disclosure, not speculation.
Re-disclose on renewal (law requires including in the renewal, signed again).
Source & exact model language
For the official text, definitions, remedies, and the statute’s model wording, see 765 ILCS 705/25 (as amended; effective Jan. 1, 2025, with updates effective Aug. 15, 2025). Illinois General Assembly
Disclaimer: Educational only, not legal advice. Consult your attorney for property-specific guidance and to confirm your form is “substantially similar” to the statute in effect at signing.
