Florida's New Rental Fraud Law
What landlords, tenants and rental applicants should know about Florida's new law addressing fraudulent entry into residential rental properties.
A New Florida Law Targets Fraudulent Rental Applications
Florida has enacted a new law designed to address situations in which a person obtains possession of a residential rental property through certain forms of intentional fraud.
“Fraudulent Entry of a Residential Dwelling Unit.”
The law became effective on October 1, 2026.
The statute is specifically aimed at individuals who knowingly and willfully use materially false identity information, forged or counterfeit documents, or another person's identity in connection with obtaining possession of a residential rental property.
What Does the New Law Prohibit?
Under Florida Statute §817.537, a person may not enter into and take possession of a residential dwelling unit through certain intentional fraudulent conduct.
False Identity Information
The law prohibits knowingly and willfully making or causing to be made a materially false written statement relating to the applicant's identity in a residential rental application.
Fake or Forged Documents
The law prohibits presenting forged, fictitious or counterfeit documents to the landlord.
Examples specifically identified by the statute include driver licenses, identification cards, bank statements and paystubs.
Impersonating Another Person
The law also applies when an applicant impersonates another person whose name is used in the rental application for the purpose of executing the rental agreement or taking possession of the dwelling.
Examples of Conduct That May Fall Under the Law
Whether a specific case violates the statute depends on the actual facts and circumstances. The following examples illustrate the type of conduct addressed by the law.
Example: Fake Identification
An applicant intentionally provides a counterfeit driver license using another person's identity and then obtains possession of the rental property.
Example: Forged Paystub
An applicant knowingly provides a forged or counterfeit paystub to the landlord as part of obtaining possession of a residence.
Example: Fake Bank Statement
An applicant intentionally presents a fictitious or counterfeit bank statement during the rental process and then takes possession of the residential unit.
Example: Identity Impersonation
A person uses another individual's identity and submits a rental application in that person's name for the purpose of executing a lease or taking possession of the property.
Not Every Error on a Rental Application Is Automatically a Crime
Florida Statute §817.537 requires specific conduct that is performed knowingly and willfully in connection with entering into and taking possession of a residential dwelling unit.
An accidental typo, misunderstanding or ordinary clerical mistake should not automatically be described as a felony under this statute.
The statute focuses on intentional fraudulent conduct such as materially false written identity information, forged or counterfeit documentation, or impersonation of another person.
Criminal Penalty
The statute provides that a person who commits fraudulent entry of a residential dwelling unit may be prosecuted for a felony of the third degree under Florida law.
The statute references Florida Statutes §§775.082, 775.083 and 775.084 regarding applicable criminal penalties and sentencing provisions.
Criminal liability should always be evaluated by law enforcement, prosecutors and qualified legal counsel based on the specific facts of a case.
How the New Law Affects Florida Landlord-Tenant Law
Florida also amended Florida Statute §83.56, which governs termination of residential rental agreements.
Under §83.56, the landlord may deliver the appropriate written notice specifying the noncompliance and the landlord's intent to terminate the rental agreement.
For this category of noncompliance, the statute provides that the tenant has:
7 Days to Vacate After Delivery of the Notice
The seven-day period runs from the date the legally required notice is delivered.
The statute also provides that this provision may apply regardless of whether criminal proceedings have begun.
Does the New Law Allow Immediate Lockout?
Florida landlord-tenant law contains specific procedures for recovering possession of rental property.
If the occupant does not voluntarily leave after a legally valid termination notice, the landlord should obtain qualified legal advice regarding the proper eviction or possession procedure.
Landlords should be particularly careful not to engage in prohibited self-help practices.
What Florida Landlords Should Consider
Verify Rental Applications Carefully
- Verify government-issued identification.
- Review income documentation carefully.
- Confirm employment when permitted and appropriate.
- Review bank or financial documentation consistently.
- Use reputable tenant-screening procedures.
- Maintain copies of relevant application records.
- Use the same screening standards consistently for applicants.
Document Potential Fraud
- Preserve the original rental application.
- Keep copies of documents supplied by the applicant.
- Document discrepancies and communications.
- Do not alter the applicant's original documents.
- Consult qualified legal counsel before taking legal action.
- Follow applicable notice and eviction procedures.
What Rental Applicants and Tenants Should Know
The safest approach is simple: provide accurate information and authentic documentation during the rental application process.
Use Accurate Information
Applicants should accurately identify themselves and should not use another person's identity in a rental application.
Use Authentic Documents
Applicants should not alter, fabricate or counterfeit identification cards, paystubs, bank statements or other documents supplied during the rental process.
Correct Mistakes Promptly
If an applicant discovers an error in information previously submitted, it may be appropriate to notify the landlord or property manager and correct the record promptly.
Seek Legal Advice When Necessary
Anyone accused of rental fraud, threatened with lease termination or facing eviction should consider consulting a qualified Florida attorney regarding the specific facts.
Rental Screening Should Still Be Applied Fairly
The new fraud law does not eliminate other legal obligations that may apply during the rental process.
Landlords, property managers and real estate professionals should continue using consistent rental screening procedures and comply with applicable federal, state and local housing laws.
Frequently Asked Questions
When did the new Florida rental fraud law take effect?
Florida Statute §817.537 became effective October 1, 2026.
Is lying on a rental application automatically a felony?
No. The statute contains specific requirements. It addresses knowingly and willfully obtaining possession through materially false written identity information, forged, fictitious or counterfeit documents, or impersonating another person.
Can fake paystubs be covered by the law?
Yes. Paystubs are specifically identified among the types of forged, fictitious or counterfeit documents addressed by the statute.
Are fake bank statements included?
Yes. Bank statements are also specifically identified by the statute.
What is the criminal classification?
Fraudulent entry of a residential dwelling unit under §817.537 is classified as a third-degree felony.
Can a landlord terminate the lease?
Florida Statute §83.56 now identifies qualifying fraudulent entry as a type of noncompliance for which an opportunity to cure is not required. The landlord must still comply with the applicable legal notice and possession procedures.
How much time does the tenant have after the notice?
For qualifying noncompliance under this provision, §83.56 provides 7 days from delivery of the notice to vacate.
Does someone have to be criminally charged first?
The landlord-tenant provision states that qualifying fraudulent entry may constitute noncurable noncompliance regardless of whether criminal proceedings have commenced.
Official Florida Statutes
Fraudulent Entry of a Residential Dwelling Unit
Florida Statute §83.56
Termination of Rental Agreement
Effective Date: October 1, 2026
Readers who need to determine how the statutes apply to a particular situation should review the current official Florida Statutes and consult qualified legal counsel.
Looking to Rent in South Florida?
Whether you are a landlord looking for a qualified tenant or a renter searching for a home, proper documentation and a professional rental process can help protect everyone involved. I assist clients throughout Miami-Dade and Broward County.
View Rentals Search Properties Contact MeLast Updated: October 5, 2026.