Florida Makes Fraudulent Entry of a Rental Home a Felony Starting October 1, 2026

Starting October 1, 2026, Florida law creates a new crime called fraudulent entry of a residential dwelling unit. The law, CS/HB 1293 (Chapter 2026-143, Laws of Florida), makes it a third degree felony to move into a rental home using false identity statements, forged documents, or impersonation. It also lets a landlord treat this conduct as a reason to end the lease with a 7 day notice, whether or not criminal charges have been filed. For residential landlords and property managers, this adds a new tool under the Florida Residential Landlord and Tenant Act.

Who Is Affected

The new law matters most to residential landlords, property managers, and anyone who screens rental applicants in Florida. It also applies to any person who applies for or moves into a residential rental. The terms "dwelling unit," "landlord," and "rental agreement" carry the same meanings they have in section 83.43, Florida Statutes.

Key Changes

New section 817.537, Florida Statutes, provides that a person may not enter into and take possession of a residential dwelling unit by knowingly and willfully doing any of the following (s. 817.537(2), Fla. Stat., created by Ch. 2026-143, s. 1):

• Making or causing to be made a materially false written statement about the person's identity in a rental application for a residential tenancy

• Presenting forged, fictitious, or counterfeit documents to the landlord, including a driver license, identification card, bank statement, or paystub

• Impersonating another person in whose name a rental application is submitted, in order to sign a rental agreement or take possession of the unit

A violation is a felony of the third degree (s. 817.537(3), Fla. Stat.).

The law also amends section 83.56(2)(a), Florida Statutes, to list fraudulent entry under section 817.537(2) as an example of noncompliance that a tenant should not be given a chance to cure. This applies "regardless of whether criminal proceedings have commenced." In that case, the landlord may terminate the rental agreement, and the tenant has 7 days from delivery of the notice to vacate (Ch. 2026-143, s. 2). The act takes effect October 1, 2026 (Ch. 2026-143, s. 3).

Practical Implications

If you rent out residential property, this is a good time to review how you collect and keep application materials. The statute focuses on written identity statements in rental applications and on documents handed to the landlord, so keeping copies of what an applicant submitted can matter later.

When a landlord believes a tenant got possession through one of the acts listed in section 817.537(2), the amended statute allows a written 7 day notice of termination under section 83.56(2)(a). The notice must be in substantially the form the statute provides and must cite the noncompliance.