Cal. Civ. Code § 32-31-1-21
Disclosure of structure in flood plain
Operative Text
Sec. 21. (a) This section applies to rental agreements entered into or renewed after June 30, 2009, for residential, agricultural, and commercial property. (b) If the lowest floor of a structure, including a basement, that is the subject of a rental agreement is at or below the one hundred (100) year frequency flood elevation, as determined by: (1) the department of natural resources; (2) the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps; or (3) FEMA approved local flood plain maps; the landlord shall clearly disclose in a landlord-tenant rental agreement that the structure is located in a flood plain.
Indiana Code § 32-31-1-21 establishes a flood-plain disclosure requirement for rental agreements entered into or renewed after June 30, 2009, covering residential, agricultural, and commercial properties. When the lowest floor of a rental structure—including any basement—sits at or below the 100-year flood elevation as mapped by Indiana's Department of Natural Resources, FEMA Flood Insurance Rate Maps, or FEMA-approved local flood-plain maps, the rental agreement must clearly state that the structure is located in a flood plain. The rule applies at the point of signing or renewing a lease, making the written agreement the vehicle for the required notice.
Plain English — not legal advice.
Under Ind. Code § 32-31-1-21, landlords whose properties have a lowest floor—basement included—at or below the 100-year flood elevation are generally expected to include a clear, written flood-plain disclosure directly in the rental agreement before it is signed or renewed. Compliant operators typically verify flood-plain status by consulting Indiana Department of Natural Resources determinations, FEMA Flood Insurance Rate Maps, or FEMA-approved local maps before drafting lease documents. Keeping documentation of the flood-elevation determination on file alongside the signed lease is a common practice that supports demonstrating compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 32-31-1-21 gives tenants the right to receive written notice within their rental agreement if the structure they are renting sits in a 100-year flood plain, as determined by state or federal flood mapping. If a tenant believes this disclosure was omitted from a lease entered into or renewed after June 30, 2009, they may consider raising the absence of the required notice as a relevant fact in any related dispute, filing a complaint with a local housing or code-enforcement office, or reaching out to a tenant-rights organization for guidance. Consulting an attorney familiar with Indiana landlord-tenant law is one way to understand how the omission of a § 32-31-1-21 disclosure might affect a particular lease situation.
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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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