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Updated almost 4 years ago on .

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CA-specific: Flood Hazard Disclosure form - when required?

Posted

I'm taking over a property with an existing tenant and reviewing all the paperwork and doing a new lease agreement, etc. using the forms available here on BP. One form has me a bit confused, even after reading the statute (California Government Code section 8589.45).

What is unclear to me is WHEN I need to include this disclosure - (1) Only when I know that the property is in a designated flood zone or (2) always. (if the former, why have a tick box saying that I have no knowledge of status?).  The Excel in the folder says I have to use it every time, but other online sources seem to say that I only need to use it if it is applicable (e.g. the unit is in a flood zone).

The form itself is also a bit confusing (though it appears to conform word-for-word with the statutory requirements) - it is missing a third choice which is "The Premises is not located in a special flood hazard area or area of potential flooding"

Do I always include it, and if so, do I just tick the box for "Landlord has no actual knowledge as to whether the Premises is located in a special flood hazard area or an area of potential flooding." (which seems wrong, because I can look at flood maps and see that the property is NOT located in a designated flood area, nor am I required to carry flood insurance.)

Perhaps thew wording of the second option "Landlord has no knowledge..." is intentionally vague, since I don't want to be on the hook for some freak accident that causes flooding, and therefore I SHOULD include this form, but tick that box?

Thanks - I hope someone with CA experience can help clear this up for me!