In Brief
Starting October 1, 2026, moving into a Florida rental by using a fake paystub, bank statement, or ID, by lying in writing about who you are on the application, or by pretending to be the person who applied, is a third-degree felony called fraudulent entry of a residential dwelling unit. The crime requires getting in, so an application that’s turned down isn’t covered. A landlord who finds out can end the lease with seven days’ notice and no chance to fix it, whether or not anyone is ever charged.
Florida landlords ask for proof of income, and some applicants hand over a paystub or bank statement that isn’t real. On October 1, House Bill 1293, now chapter 2026-143, Laws of Florida, creates section 817.537 and makes that a felony when it gets someone into the unit.
On This Page
What the New Law Says
Section 817.537(2) says: “A person may not enter into and take possession of a residential dwelling unit by knowingly and willfully” doing one of three things. Subsection (3) calls a violation “the offense of fraudulent entry of a residential dwelling unit, which is a felony of the third degree,” which carries up to five years in prison. The terms “dwelling unit,” “landlord,” and “rental agreement” have the meanings they already have in Florida’s landlord and tenant law, section 83.43.
The Three Ways to Commit It
- “Making or causing to be made any materially false statement, in writing, relating to the person’s identity in any rental application for a residential tenancy.”
- “Presenting forged, fictitious, or counterfeit documents to the landlord of a residential dwelling unit, including, but not limited to, a driver license, an identification card, a bank statement, or a paystub.”
- “Impersonating another person in whose name a rental application is submitted to a landlord for the purpose of executing a rental agreement or taking possession of a residential dwelling unit.”
The second one does most of the work. It covers any forged, made-up, or counterfeit document, and the list of examples is only examples. A paystub from a job you never had, a real paystub with the numbers changed, and a bank statement with a padded balance all fit. The third covers the arrangement where someone with better credit applies and someone else moves in pretending to be them.
What It Doesn’t Cover
The false-statement part is limited to statements “relating to the person’s identity.” Writing a higher salary on the application form, with no document behind it, isn’t that, and isn’t a crime under this section. A false name, date of birth, or Social Security number is.
The crime is also tied to the move-in. The statute reaches a person who enters into and takes possession of the unit by one of these means. An applicant who’s turned down, or who never gets the keys, hasn’t committed this offense.
The Landlord Can End the Lease in Seven Days
The same law amends section 83.56(2)(a) so that “an act of fraudulent entry of a residential dwelling unit which violates s. 817.537(2), regardless of whether criminal proceedings have commenced,” is a lease violation the tenant doesn’t get a chance to cure. The landlord can deliver a written notice that the lease is terminated and the tenant has seven days to vacate.
That puts the landlord’s notice ahead of any detective. A tenant who gets that notice is often dealing with the landlord first, and what the tenant writes back, texts, or says in the leasing office can end up as evidence in a criminal case. The safest reply to an accusation of fraud is no written explanation at all until a lawyer has seen the notice.
Where the Defense Is
Every part of the statute is something the State has to prove. The person has to act “knowingly and willfully,” so a document a relative, a roommate, or a leasing agent prepared and submitted without the tenant knowing it was fake isn’t enough. A false statement has to be “materially” false and about identity. A document has to be forged, fictitious, or counterfeit, which means proving what the real paystub or bank statement said. And the entry has to happen “by” the fraud, which puts the landlord’s own screening, and what the landlord actually relied on, into the case.
Keep the paperwork you have: the application as submitted, the lease, and every message with the landlord or the leasing office. The firm’s pages on forgery, uttering, and counterfeiting, identity theft, and white collar and fraud defense cover how document and identity cases are proven, and every Florida criminal law taking effect October 1, 2026 covers the rest of this year’s changes.
Common Questions
Is using a fake paystub for an apartment a felony in Florida?
Starting October 1, 2026, yes, if it gets you into the unit. Section 817.537 makes it a third-degree felony to enter into and take possession of a residential dwelling unit by knowingly and willfully presenting forged, fictitious, or counterfeit documents to the landlord, and the statute lists a paystub, a bank statement, a driver license, and an identification card as examples.
Is lying about income on a rental application a crime in Florida?
Under section 817.537, a false written statement is a crime only if it relates to your identity. Writing a higher income on the application form, without a fake document behind it, isn’t covered by this section. Presenting a forged or fictitious paystub or bank statement to support the number is.
Can a landlord evict me for a fake rental application in Florida?
Starting October 1, 2026, section 83.56(2)(a) lets a landlord terminate the lease with a written notice giving the tenant seven days to vacate, with no opportunity to cure, for fraudulent entry under section 817.537(2), whether or not criminal charges have been filed.
What if my application was denied?
The new crime requires entering into and taking possession of the unit by fraud. An applicant who was turned down, or who never moved in, hasn’t committed fraudulent entry of a residential dwelling unit.
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Further Reading
- CS/HB 1293 (2026), fraudulent entry of residential dwellings, chapter 2026-143, Florida Senate bill page with the enrolled text
- Fla. Stat. 83.56, termination of a rental agreement, Online Sunshine
- Fla. Stat. 83.43, landlord and tenant definitions, Online Sunshine
WRITTEN AND REVIEWED BY
Rory Safir, ACS-CHAL Forensic Lawyer-Scientist
He is the author of The Florida DUI Trial Manual, an NHTSA-qualified instructor in the standardized field sobriety exercises, faculty of the National College for DUI Defense, and a former Assistant Public Defender in the Thirteenth Judicial Circuit.
This post is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. The law discussed is CS/House Bill 1293 (2026), chapter 2026-143, Laws of Florida, creating section 817.537 and amending section 83.56(2)(a), Florida Statutes, effective October 1, 2026, read in the enrolled bill text, together with section 83.43, Florida Statutes, as of September 27, 2026.
