在第87届德州议会期间, a change in law passed that requires landlords to give notice to prospective residential tenants if the landlords are aware that the rental dwelling is located in a 100-year floodplain or whether the rental dwelling has flooded at during the past five years.

Texas REALTORS® created the 关于租金淹水披露的附录 (TXR 2015)以满足要求的披露. 从2022年1月1日开始，使用该表格是强制性的，但您可以立即使用该表格. 以下是有关新表格的问题答案.

什么时候必须提供附录?

The 关于租金淹水披露的附录 applies to landlords, who are required to provide the addendum to a tenant at or before the execution of the lease.

我可以代表业主填写并签署附录吗?

Agents and brokers should not help landlords fill out the addendum because doing so can increase their liability. Also, brokers and agents have a duty to disclose material facts they know about the property but are not required to do additional research for the purpose of making disclosures on properties they represent. 

Is the addendum required if the property is not in a 100-year floodplain and has never flooded?

Yes. Landlords can indicate in the addendum that they are not aware that a dwelling is located in a 100-year floodplain or that they are not aware that the dwelling has flooded at least once within the last five years. However, a landlord is not required to disclose on the addendum that the landlord is aware that a dwelling is located in a 100-year floodplain if the elevation of the dwelling is raised above the 100-year floodplain flood levels in accordance with federal regulations.

Do I have to provide the addendum when extending a lease or when a lease automatically renews to a month-to-month?

No. 该附录须在租约签立时或签立之前提交. 租赁延期表是对租赁合同的修改, and the renewal is automatic, 这意味着在任何一个实例中都不会再执行租约. However, if there is an existing lease that renews or is extended after the effective date of the notice requirement (January 01, 2022), the landlord should provide the 关于租金淹水披露的附录 在那个时候，因为那将是第一次给.

If a new lease is signed between the same landlord and tenants and the addendum was provided with a previous lease, 如果没有变化，房东还需要提供另一份附录吗?

Yes. 因为一份新租约正在执行, 无论以前的资料是否有变化，都应提供增编.

附录A部分的“百年洪泛平原”是什么意思?

The term “100-year floodplain” is defined as any area of land designated as a flood hazard area with a 1% or greater chance of flooding each year by the Federal Emergency Management Agency (FEMA) under the National Flood Insurance Act of 1968. 联邦应急管理局在其网站上保留了一张洪水地图，可以通过地址进行搜索, 业主可在哪里确定住宅是否位于易受洪水影响的地区.

附录B部分的“洪水”是什么意思?

Flooding is defined as general or temporary condition of partial or complete inundation of a dwelling caused by any of the following:

  • 内陆水或潮汐水的溢出
  • the unusual and rapid accumulation of runoff or surface waters from any established water source such as a river, stream, or drainage ditch
  • excessive rainfall.

如果房东没有提供附录，房子被水淹了怎么办?

Section 92.0135 of the Texas Property Code states that if the landlord fails to provide the required notice and a tenant suffers a substantial loss or damage to their personal property, then the tenant may terminate the lease by giving a written notice of termination to the landlord no later than 30 days after the date the loss or damage occurred. Substantial loss means that the cost of repairing or replacing the personal property equals 50% or more of the personal property’s market value when the flooding occurred. However, 终止合约不会影响承租人的违约责任, unpaid rent or other sums owed to the landlord before the date the lease was terminated by the tenant.

请参阅texasrealestate空白表格部分的新附录.com.