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Florida Rental Application Fraud: What HB 1293 Changed for Landlords
Florida HB 1293 (effective October 1, 2026) made fraudulent entry of a rental unit a third-degree felony and gave landlords a 7-day no-cure termination. What counts, what doesn't, and how to screen.
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Key Takeaways
- Verify income with the employer or a bank-verified service instead of relying on uploaded PDFs
- Match the applicant's government ID to the applicant in person or on video
- Keep every submitted document with a note of when and how it arrived
- Add a signed applicant certification citing Florida Statute §817.537
- Screen every applicant against the same written criteria to stay Fair Housing compliant
What changed on October 1, 2026
CS/HB 1293 (Chapter 2026-143) created Florida Statute §817.537, 'fraudulent entry of a residential dwelling unit,' effective October 1, 2026. Knowingly taking possession of a rental unit through a false identity statement, forged documents, or impersonation is now a third-degree felony, punishable by up to 5 years and a $5,000 fine under §§775.082-775.084. The same law amended §83.56 so a landlord can end a fraudulently obtained tenancy on seven days' written notice with no opportunity to cure, whether or not criminal charges are ever filed.
What counts as fraudulent entry
The analysis of the new law identifies three covered acts: a materially false written statement of identity on the application; presenting forged, fictitious, or counterfeit documents such as a fake ID, bank statement, or pay stub; and impersonating the person named on the application in order to sign the lease or take possession of the unit.
What does not count
The offense must be knowing, willful, and material — an honest typo on an application is not a felony. Possession is also an element: a falsified application caught before move-in does not complete this particular offense, though other forgery and identity-theft laws may still apply. And the law is not retroactive — it does not reach entries completed before October 1, 2026.
The 7-day notice still goes through a court
The amended §83.56 notice ends the tenancy, but the landlord still needs a county court judgment to remove the occupant — no lock changes or utility shutoffs on your own. Florida's §83.48 also awards attorney's fees to the prevailing party, so serving a notice that does not hold up is expensive. This guide is educational only and is not legal advice; consult a Florida landlord-tenant attorney before serving a non-curable notice.
Why this changes screening, not just evictions
The practical effect for most landlords is upstream: the felony and the fast termination only help if the fraud is provable. Screening steps that produce a clean paper trail — verified income, matched ID, preserved documents, a signed certification — are what make the new remedies usable if a fraudulent tenancy ever has to be unwound.
Checklist Before You Decide
- Verify income with the employer or a bank-verified service instead of relying on uploaded PDFs
- Match the applicant's government ID to the applicant in person or on video
- Keep every submitted document with a note of when and how it arrived
- Add a signed applicant certification citing Florida Statute §817.537
- Screen every applicant against the same written criteria to stay Fair Housing compliant
FAQ
Is a typo on a rental application a felony in Florida?
No. Under §817.537 the false statement has to be knowing, willful, and material, and the applicant must actually take possession through it. Honest mistakes do not qualify.
Does a landlord need a criminal charge filed before using the 7-day termination notice?
No — under the amended §83.56, the seven-day written notice with no opportunity to cure applies regardless of whether criminal proceedings have begun. The landlord still needs a county court judgment to remove the occupant; the notice alone does not authorize a lockout.
Does HB 1293 apply to a tenant who moved in before October 1, 2026?
No. The law is not retroactive to entries completed before its October 1, 2026 effective date; fraudulently obtained tenancies from before then are handled under the prior law.