The Florida rental market has been battling a quiet but damaging epidemic: the rise of synthetic identities, digitally manipulated pay stubs, and fabricated bank statements used by applicants to bypass screening. Until recently, removing a tenant who obtained a lease through deception required going through a prolonged and expensive civil eviction process.

However, the rules of the game have fundamentally changed. Florida’s governor has signed House Bill CS/HB 1293 (Fraudulent Entry of Residential Dwelling Units) into law, making Florida the first state in the nation to criminalize rental application fraud.

Here is what every property manager, landlord, and real estate investor needs to know about this historic piece of legislation.

1. The New Criminal Offense: “Fraudulent Entry”

The law formally establishes the crime of “Fraudulent Entry of a Residential Dwelling Unit.” Moving forward, it is considered a criminal act if a person takes possession of a rental property by using:

• Willful, intentional misrepresentations regarding their identity.

• Forged, fictitious, or altered identification documents (such as fake driver’s licenses).

• Falsified financial documentation (edited pay stubs, fake employment verification letters, or dummy bank statements).

• Impersonating another real or fictitious person to sign the lease or occupy the home.

2. Criminal Classification: A Third-Degree Felony

This type of deception will no longer be brushed off as a simple breach-of-contract civil dispute. Under the new law, fraudulent entry is classified as a Third-Degree Felony.

This means tenants who resort to these scam tactics do not just face losing their housing; they face severe criminal penalties, which in Florida carry up to 5 years in prison and fines of up to $5,000. The measure passed unanimously in the legislature (110-0 in the House and 34-0 in the Senate), highlighting how seriously the state intends to crack down on this problem.

3. Eviction Impact: Explicitly a Non-Curable 7-Day Notice

For landlords, the greatest operational advantage of this law lies in its amendment to Florida’s civil landlord-tenant eviction statutes. Fraudulent entry has been explicitly designated as a “non-curable” lease violation.

What does this mean in practice?

• No Right to Cure: You do not have to give the tenant an opportunity to “fix” the issue.

• 7-Day Notice to Vacate: The landlord can immediately issue a strict 7-day notice to terminate the lease and demand possession.

• Immediate Lawsuit: If the occupant does not leave by the end of the 7 days, the landlord can file a summary eviction lawsuit in court immediately, strongly backed by the criminal statute.

4. When Does It Start & What Should You Do?

The law officially goes into effect on October 1, 2026. This window gives landlords and property managers crucial time to adjust their day-to-day operations:

• Update Lease Language: Ensure your lease agreements include clear language stating that the lease will be terminated immediately under the state’s fraudulent entry laws if any screening materials are found to be doctored or fake.

• Stricter Screening Infrastructure: Implement advanced verification technology to authenticate government IDs and execute direct bank-to-bank income verifications before handing over the keys.

Restore Certainty and Security to Your Investments

Dealing with professional rental scammers wastes time, costs thousands in lost rent, and destroys a landlord’s peace of mind. At Bahia Property Management, we stay ahead of legal changes to insulate your portfolio. We implement rigorous pre-qualification processes, advanced ID authentication, and professional financial verification to stop fraud before it gets to your front door.

Connect with Bahia Property Management Today or email us at info@miamipropertymanagement.com to ensure your Florida rental properties are managed under the highest standards of security and legal compliance.

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