Florida Makes Rental Application Fraud a Felony: HB 1293 Takes Effect October 1, 2026

Florida has led the country in rental application fraud for years, according to the apartment industry groups that pushed this bill. Fake pay stubs, doctored bank statements, borrowed identities, and online services that generate convincing employment letters have made screening harder for landlords and more expensive for honest applicants, who end up paying for the losses in higher deposits and tighter criteria.

The Legislature's answer was CS/HB 1293, now Chapter 2026-143, Laws of Florida. It passed the House 110 to 0 and the Senate 34 to 0, and Governor DeSantis signed it on June 12, 2026. It became effective October 1, 2026.

What the new law prohibits

Section 817.537(2) says a person may not enter into and take possession of a residential dwelling unit by knowingly and willfully doing any of three things:

The terms "dwelling unit," "landlord," and "rental agreement" carry the same definitions used in Florida's Residential Landlord and Tenant Act, section 83.43.

What the law does not cover

Much of the online coverage of this law overstates it. Read closely, the statute is narrower than the headlines.

It requires knowing and willful conduct

An honest mistake, a pay stub you thought was current, or a typo in a date of birth is not a crime under this section. The State would have to prove the applicant knew the statement or document was false and submitted it anyway.

It requires taking possession

The operative language is "enter into and take possession of." A fraudulent application that is denied, or that never results in the person moving in, does not fit the words of this statute. Other Florida laws on forgery, uttering a forged instrument, or criminal use of personal identification information may still apply, depending on the facts, but section 817.537 itself is aimed at the person who got the keys.

The false-statement category is limited to identity

This is the detail most summaries miss. The first category only reaches a materially false written statement "relating to the person's identity." Overstating income in the blank on the application form, by itself, is not what subsection (2)(a) describes. Income fraud is reached through the second category, which covers forged, fictitious, or counterfeit documents such as a fake bank statement or pay stub. The distinction will matter in real cases.

It is not retroactive on the criminal side

A person cannot be prosecuted under a criminal statute for conduct that happened before the statute existed. Fraud committed before October 1, 2026 is not a section 817.537 crime, although it may have been a crime under other laws already on the books.

The penalty

Fraudulent entry is a felony of the third degree, punishable under sections 775.082, 775.083, and 775.084. In practical terms, a third-degree felony in Florida generally carries up to 5 years in prison and a fine of up to $5,000, with enhanced penalties available for habitual felony offenders. A felony conviction also follows a person into every future rental application, employment background check, and professional licensing inquiry.

The eviction change landlords should understand

The second half of the bill amends section 83.56(2)(a), the part of the Landlord and Tenant Act that deals with lease violations a tenant should not be given a chance to fix. Fraudulent entry under section 817.537(2) is now listed there, next to intentional destruction of the landlord's property, as a non-curable violation.

Two features of that amendment deserve attention:

• Seven days. The landlord may deliver a written notice terminating the rental agreement, and the tenant has 7 days from delivery to vacate. The notice must cite the noncompliance.
• No criminal case required. The statute says the ground applies "regardless of whether criminal proceedings have commenced." A landlord does not have to wait for a police report, an arrest, or a conviction.

One open question the statute does not answer is whether a landlord can use the new 7-day ground against a tenancy that was obtained by fraud before October 1, 2026. The criminal provision cannot reach back, but the civil amendment is written differently. Until a court addresses it, a landlord in that position should get advice before serving the notice.

Practical steps for landlords and property managers

• Verify directly. Call the employer using a phone number you locate yourself, not the number printed on the pay stub. Confirm bank statements through the applicant's own online banking screen, or use a third-party verification service.
• Keep the file. Save every document the applicant submits, with the date and the method of delivery. If you ever need to prove the elements of fraudulent entry, that file is your evidence.
• Update the lease. Consider adding language acknowledging that a materially false identity statement or forged document in the application is grounds for termination under section 83.56(2)(a).
• Use the correct notice. A non-curable 7-day notice has a specific statutory form and must cite the noncompliance. A defective notice can defeat an otherwise solid eviction.
• Be careful with accusations. Accusing a tenant of a felony you cannot prove creates its own legal exposure. Document first, then get advice.

Practical steps for renters and applicants

• Use your real name and your real documents, every time.
• If a friend, relative, or paid "rental assistance" service is helping you apply, read everything before it is submitted. You are responsible for what goes out under your name.
• If you receive a 7-day notice accusing you of fraudulent entry, do not ignore it and do not move out in a panic. You have the right to contest an eviction in court, and the landlord still has the burden of proving the ground.
• If law enforcement contacts you about a rental application, do not give a statement before you speak with an attorney.

The takeaway

Florida now treats rental application fraud as a serious crime and gives landlords a faster path to end a lease obtained by fraud. For honest applicants, nothing changes. For landlords, the new tool is real, but it has to be used the right way: through the courts, with a proper notice, and with evidence that meets the statute's actual elements.