10/01/2026
Spotting fraudulent applications and supporting documentation is what we do best! Now learn the facts of why it's so important!!
Florida landlords, HOAs and Condominium Associations increasingly face sophisticated rental application fraud involving false identities, fabricated income records, counterfeit identification, and applicants impersonating other individuals. A new Florida law provides stronger legal options when this type of fraud results in someone taking possession of a residential property.
Governor Ron DeSantis approved CS/HB 1293 on June 12, 2026. The law, designated Chapter 2026-143, takes effect on October 1, 2026. It creates the criminal offense of fraudulent entry of a residential dwelling unit and provides a specific basis for terminating a rental agreement when possession was obtained through certain fraudulent acts.
What Is Fraudulent Entry of a Residential Dwelling? Under the new law, a person may commit fraudulent entry when that person enters into and takes possession of a residential dwelling by knowingly and willfully doing any of the following:
Making a materially false written statement about their identity in a residential rental application. Presenting forged, fictitious, or counterfeit documents to a landlord, including a driver license, identification card, bank statement, or pay stub.
Impersonating another person whose name was used on a rental application for the purpose of signing a rental agreement or taking possession of the property.
The law is directed at intentional fraud used to obtain possession of a rental property. It does not mean that every incorrect statement, incomplete application, or minor error automatically becomes a criminal matter. The conduct must satisfy the specific requirements established by the statute.
Rental Application Fraud Becomes a Third Degree Felony
Fraudulent entry of a residential dwelling unit is classified as a third degree felony under Florida law. A third degree felony may be punishable by up to five years in prison, a fine of up to $5,000, or both, depending on the circumstances of the case and any applicable sentencing provisions.
This criminal penalty reflects the serious consequences that rental application fraud can create for property owners. A landlord may unknowingly turn over possession of a home to someone whose actual identity, income, or financial qualifications were concealed through deliberately falsified information.
How HB 1293 Affects Florida Landlords:
In addition to creating a criminal offense, HB 1293 amends Florida’s landlord and tenant laws.
Fraudulent entry is identified as a form of tenant noncompliance for which the tenant should not be given an opportunity to cure. When the statutory requirements are met, the landlord may deliver a written notice terminating the rental agreement and requiring the tenant to vacate within seven days.
This is commonly referred to as a seven day noncurable notice. Unlike a curable violation, the tenant is not given an opportunity to correct the fraudulent conduct and remain in the property.
If the tenant does not leave after the notice period expires, the landlord may proceed with an eviction action through the court.
Is a Criminal Conviction Required Before Filing an Eviction:
No. The amended statute expressly provides that fraudulent entry may qualify as noncurable noncompliance regardless of whether criminal proceedings have commenced.
This means a landlord does not necessarily have to wait for an arrest, criminal charge, or conviction before pursuing termination of the rental agreement and eviction. However, the landlord must still have adequate evidence to support the alleged fraud and must follow Florida’s statutory notice and eviction procedures.
A landlord should not attempt to remove the occupant personally, change the locks, shut off utilities, or take other forms of self help. Even when fraud is suspected, possession must be recovered through the appropriate legal process.
Evidence Remains Important:
HB 1293 gives landlords a stronger remedy, but it does not eliminate the need to establish the facts. Before serving a seven day noncurable notice based on fraudulent entry, landlords should preserve all available documentation, including:
The original rental application
Copies of identification provided by the applicant
Pay stubs, bank statements, or employment records
Tenant screening reports
Emails, text messages, and other communications
Verification received from employers, financial institutions, or prior landlords
Records showing how and when the suspected fraud was discovered
Because an allegation of fraudulent entry may lead to both eviction proceedings and criminal consequences, landlords should avoid relying solely on assumptions or minor inconsistencies. The evidence should demonstrate conduct covered by the statute.
HB 1293 Compared With Floridas Anti Squatter Law:
HB 1293 is different from Florida’s 2024 property rights law addressing unauthorized occupants, commonly referred to as the anti squatter law.
The 2024 law created a procedure through which qualifying property owners may ask law enforcement to remove an unauthorized person from residential property when specific statutory conditions are satisfied. It generally addresses people who entered or remain on the property without lawful authorization.
HB 1293 addresses a different situation. It applies when a person initially appeared to receive permission to occupy the property but obtained that permission through specified forms of intentional fraud.
The primary distinction is how the individual obtained possession:
HB 1293 applies when possession was obtained through a materially false identity statement, fraudulent document, or impersonation.
The anti squatter law generally applies when an unauthorized person entered or remained without a valid rental agreement or other lawful permission.
Determining which procedure applies will depend on the facts, the documentation available, and whether a landlord and tenant relationship was created.
What Landlords Should Do Before October 1 2026:
Florida landlords and property managers should review their application and screening procedures before the law takes effect. Helpful precautions may include independently verifying identification, employment, income, rental history, and supporting financial documents.
Landlords should also retain complete copies of applications and screening materials. If fraud is discovered after possession has been transferred, those records may become important evidence in an eviction case.
Screening practices must continue to comply with Fair Housing requirements and other applicable laws. Verification standards should be applied consistently to all applicants.
Legal Guidance for Rental Application Fraud:
HB 1293 provides Florida landlords with an important new remedy, but serving the wrong notice or proceeding without sufficient evidence can delay an eviction and increase legal expenses.
This article is provided for general informational purposes only and does not constitute legal advice. The application of HB 1293 will depend on the facts and circumstances of each case.
Sources:
Florida Senate CS HB 1293 bill page
Florida Senate 2026 bill summary
Florida House CS HB 1293 bill details
Article obtained from a very trusted source:
Kelley, Grant & Tanis, P.A. represents Florida landlords in eviction proceedings, lease enforcement matters, and other landlord and tenant disputes. If you believe a tenant obtained possession of your property using false information or fraudulent documents, speak with an experienced landlord and tenant attorney before taking action.
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