New Florida Law: Fraudulent Rental Applications
Florida’s rental housing market is about to see a meaningful regulatory shift. Governor DeSantis has signed CS/HB 1293 — Fraudulent Entry of Residential Dwellings into law, and it takes effect on October 1, 2026. Backed by the Florida Apartment Association and the Florida State Chapter of NARPM, the bill passed the House 110–0 and the Senate 34–0 — reflecting broad bipartisan consensus that the rise in sophisticated rental application fraud had to be addressed head-on.
The result is a statute that does two things at once: it elevates deliberate application fraud from a murky civil dispute into a third-degree felony, and it gives landlords a clean, fast-track eviction path that requires no cure period and no criminal charges before it can be used.
If you own or manage residential rental properties in Jacksonville, Mandarin, Fleming Island, Nocatee, or anywhere else in Duval, Clay, or St. Johns Counties, here is what you need to understand before October 1.
Why Florida Passed This Law Now
Rental application fraud is not new, but the tools available to fraudulent applicants have become significantly more accessible and convincing. According to attorney briefings circulated ahead of the bill’s passage, lawmakers were shown evidence of a documented spike in three specific fraud categories that are now nearly impossible to detect without dedicated verification technology:
- Online document-forging services. Pay-per-use websites that generate convincing fake pay stubs, bank statements, and offer letters on demand — often indistinguishable from legitimate documents to the naked eye.
- Fake pay stubs and falsified income claims. Applicants inflating or entirely fabricating employment history and income to clear income-to-rent ratio thresholds.
- Synthetic identity theft. Combining real and fabricated personal data to create a blended identity that passes standard credit and background screening tools.
These schemes have caused significant financial losses for property owners and created instability in rental communities. Prior Florida law technically allowed landlords to evict tenants discovered to have lied on their applications, but the path was legally ambiguous — typically requiring landlords to frame the fraud as a general lease violation and navigate a notice-and-cure process that gave the fraudulent occupant extra time to remain in the property. CS/HB 1293 eliminates that ambiguity entirely.
What the Law Actually Says
New Crime: Florida Statute §817.537 — Fraudulent Entry of a Residential Dwelling Unit
The bill creates a new section of Florida Statutes — §817.537 — that makes it a crime for any person to knowingly and willfully enter and take possession of a residential dwelling unit through any of the following:
- Materially false identity statements. Making or causing to be made any materially false written statement about the applicant’s identity on a rental application. This covers name, Social Security number, date of birth, and related identity information.
- Forged or counterfeit documents. Presenting forged, fictitious, or counterfeit records to the landlord. The statute explicitly names the documents landlords review every day: driver licenses, state identification cards, bank statements, and employment pay stubs.
- Impersonation. Impersonating another real or fictitious person in whose name the rental application was submitted, for the purpose of executing a lease or physically taking possession of the unit.
Committing fraudulent entry is a felony of the third degree, punishable under Florida Statutes §§775.082, 775.083, or 775.084 — up to five years in prison and a fine of up to $5,000.
Amended Florida Statute §83.56: Non-Curable Lease Termination
The criminal penalty matters for deterrence, but the civil remedy is what most landlords will reach for first. CS/HB 1293 amends Florida Statute §83.56 to designate fraudulent entry as a non-curable act of noncompliance — meaning it belongs in the same category as intentional property destruction, a violation so serious the tenant is not entitled to a second chance.
The practical effect:
- No opportunity to cure. The landlord is not required to give the occupant any chance to remedy the violation before terminating the lease.
- No criminal charges required. The civil right to terminate the lease exists independently of any criminal investigation or prosecution. You do not have to wait for the state attorney’s office to file charges before acting.
- 7-day notice to vacate. Once the landlord delivers proper written notice of lease termination, the fraudulent occupant has exactly 7 days to leave. If they do not, the landlord proceeds directly to eviction court.
The Statutory 7-Day Notice Language
To terminate a lease under these provisions, you must deliver a written notice that is substantially in the following statutory form:
“You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because [cite the specific noncompliance — e.g., fraudulent entry of a residential dwelling unit in violation of Florida Statute §817.537(2)].”
Because the violation is non-curable, a tenant who refuses to leave cannot defeat the eviction by offering to pay rent, produce corrected documentation, or otherwise attempt to fix the situation after the fact. Proper delivery of the notice — in person, by first-class mail, or by certified mail to the property address — must be documented in case it is challenged in court.
What This Means for Small Landlords and Property Managers
Property management attorneys who have reviewed this legislation note that while evicting for application fraud was technically possible under prior law, the legal path was never clearly defined. CS/HB 1293 makes the route to a lockout unambiguous for the first time. That matters particularly for the small independent landlords — those managing one to four units — who typically do not have in-house legal counsel and who absorb the full financial impact of a bad placement with no institutional cushion to fall back on.
For Jacksonville-area owners, the timing is also relevant context. Northeast Florida’s rental market has seen consistent demand growth, which has in turn attracted more applicants — including a higher volume of fraudulent ones. A cleaner legal framework means faster resolution when fraud is discovered and a stronger deterrent to would-be applicants who understand that the consequences now extend well beyond a civil judgment.
Action Steps Before October 1, 2026
Here is what you should do between now and the effective date to ensure you are positioned to use this law if you ever need to.
- Upgrade your verification tools. Standard background check and credit screening alone will not catch synthetic identities or digitally forged documents. Consider adding a digital ID authentication service and an income verification platform that pulls directly from payroll processors rather than relying on uploaded documents.
- Review and update your lease agreement. Add explicit language acknowledging that any misrepresentation on the rental application constitutes fraudulent entry under Florida Statute §817.537 and is a non-curable lease violation. Putting the tenant on notice at signing strengthens your position if you ever need to act.
- Add a compliant 7-day non-curable notice to your template library. Do not draft it under pressure after a discovery. Have the form ready now so that if the situation ever arises, you can move immediately.
- Document your screening process. The stronger your paper trail — what documents were requested, how they were reviewed, what verification steps were taken — the clearer your legal standing when you invoke the statute.
- Consult a Florida landlord-tenant attorney before acting. This post is general information, not legal advice. If you discover a fraudulent tenancy, an attorney experienced in Florida landlord-tenant law can help you execute the notice correctly and handle the eviction if the tenant does not vacate.
At Red Rooster Property Management, we manage residential rental properties for small landlords throughout Duval, Clay, and St. Johns Counties. Staying current on Florida landlord-tenant law — and making sure our clients’ properties are protected by it — is core to what we do. If you are a landlord who would rather have a professional handle your tenant screening, lease compliance, and legal notice management, review our management services here or call us at 904-469-6335.
Frequently Asked Questions About Florida’s Rental Application Fraud Law
What does Florida’s new rental application fraud law (HB 1293) do?
CS/HB 1293, effective October 1, 2026, creates a new crime under Florida Statute §817.537 that makes it a third-degree felony to obtain a rental unit by submitting materially false identity statements, forged documents, or impersonating another person. It also amends Florida Statute §83.56 to classify fraudulent entry as a non-curable lease violation, allowing landlords to issue a 7-day notice to vacate with no opportunity to cure.
When does HB 1293 take effect in Florida?
CS/HB 1293 takes effect on October 1, 2026. Florida landlords and property managers should review their screening protocols, update their lease agreements, and prepare compliant 7-day notice templates before that date.
What documents does the new Florida fraud law cover?
The statute specifically names forged or counterfeit driver licenses, state identification cards, bank statements, and employment pay stubs. Any document submitted to a landlord during the application or leasing process can fall under the law if it is forged, fictitious, or counterfeit.
Can a landlord terminate a lease for rental fraud before criminal charges are filed?
Yes. Under the amended Florida Statute §83.56, a landlord may terminate the rental agreement and issue a 7-day notice to vacate regardless of whether criminal proceedings have been initiated. The civil lease termination right stands independently of any criminal prosecution.
What types of rental fraud does HB 1293 target?
The law was passed in response to a documented rise in sophisticated fraud schemes including online document-forging services, fake pay stubs and falsified employment claims, and synthetic identity theft designed to bypass standard credit and background checks. The statute targets all three categories: false identity statements, forged documents, and impersonation.
Does HB 1293 apply to rental properties in Duval, Clay, and St. Johns Counties?
Yes. CS/HB 1293 is a statewide Florida statute and applies to all residential rental properties across Florida, including those throughout the Jacksonville metro area in Duval, Clay, and St. Johns Counties.
Eric Boyd | Florida Licensed Real Estate Broker
Eric is the owner and designated broker of Red Rooster Property Management, a boutique property management firm serving small landlords in Duval, Clay, and St. Johns Counties. He manages approximately 80 residential rental properties across the Jacksonville area and holds an active Florida real estate broker license. Connect with Eric on LinkedIn.