Fraudulent Rental Applications in Florida: Using Fake IDs or Pay Stubs Is Now a Felony

Rental application fraud can create serious problems for Florida landlords. Fake identities, forged identification documents, altered pay stubs, counterfeit bank statements, and applicant impersonation can make it more difficult to determine who is actually applying for a rental property and whether the information provided during screening is legitimate.

Florida has now established a specific criminal offense addressing certain forms of rental fraud. Effective October 1, 2026, Florida Statute § 817.537 makes fraudulent entry of a residential dwelling unit a third-degree felony when the statutory requirements are met.

For Tampa landlords and rental property investors, the new law makes careful applicant screening, identity verification, income verification, and documentation even more important.

1. Florida’s New Crime of Fraudulent Entry of a Residential Dwelling

Florida Statute § 817.537 addresses situations in which a person knowingly and willfully uses specified fraudulent information or documents to enter into and take possession of a residential rental property.

The statute covers conduct that includes:

• Making or causing to be made a materially false written statement relating to the person’s identity in a residential rental application.
• Presenting forged, fictitious, or counterfeit documents to the landlord, including documents such as a driver’s license, identification card, bank statement, or pay stub.
• Impersonating another person whose name appears on the rental application for purposes of executing the rental agreement or taking possession of the property.

An important distinction for landlords is that the statute addresses fraudulent entry and possession of the residential dwelling. The presence of an inaccurate document by itself should not automatically be treated by a property owner as proof that a felony has occurred.

2. Fraudulent Entry Is a Third-Degree Felony in Florida

When conduct meets the requirements of Florida Statute § 817.537, fraudulent entry of a residential dwelling unit is classified as a third-degree felony.

This represents an important change for Florida rental housing because the law specifically identifies certain fraudulent conduct involving rental applications, identity documents, financial documents, and impersonation as a criminal offense when used to fraudulently obtain possession of a residential dwelling.

CS/HB 1293 passed the Florida House 110-0 and the Florida Senate 34-0 before being approved by the Governor in June 2026. The law took effect on October 1, 2026.

3. What the New Law Means for Florida Evictions

The legislation also amended Florida’s landlord-tenant law to address fraudulent entry as a type of noncompliance for which a tenant is not given an opportunity to cure.

When the statutory requirements are satisfied, the existing Florida process for non-curable violations applies.

• No opportunity to cure: Fraudulent entry is included among the types of noncompliance for which the tenant is not given an opportunity to correct the violation.
• Seven-day notice: The applicable process provides seven days for the tenant to vacate after receiving the landlord’s notice terminating the rental agreement.
• Court process still matters: If possession is not voluntarily returned, landlords should follow Florida’s required legal procedures rather than attempting to remove an occupant themselves.

Because the facts and evidence surrounding suspected rental fraud can vary significantly, landlords should consult a qualified Florida landlord-tenant attorney before initiating an eviction based on alleged fraudulent entry.

4. What Should Tampa Landlords Do About Rental Application Fraud?

The new law provides additional consequences for qualifying fraudulent conduct, but prevention remains one of the most effective ways to reduce risk.

Tampa landlords and property managers should consider several practical steps:

• Use consistent written screening criteria: Establish clear rental qualification standards and apply them consistently to applicants in accordance with applicable fair housing and other laws.
• Verify applicant identity: Review identification carefully and use appropriate verification procedures when information appears inconsistent.
• Verify income and employment: Do not rely exclusively on the appearance of a pay stub or employment letter when additional verification is appropriate.
• Review financial documentation carefully: Look for inconsistencies among income documents, bank records, applications, identification, and other information submitted during screening.
• Document the screening process: Maintain organized records of applications, verification steps, communications, and supporting documents in accordance with applicable privacy and record-retention requirements.
• Do not make criminal determinations yourself: Suspicious documents should be investigated appropriately. Whether conduct constitutes a criminal offense is ultimately a matter for the appropriate authorities and courts.

5. Why Strong Tenant Screening Still Matters

A stronger criminal law does not eliminate the financial and operational consequences of approving an applicant who used fraudulent information.

Once someone has taken possession of a rental property, resolving the situation may still require documentation, notices, legal guidance, court proceedings, and time. During that process, the owner may also face unpaid rent, property expenses, attorney fees, and other costs.

The better strategy is to identify inconsistencies before possession is delivered whenever possible.

Effective tenant screening should evaluate the applicant as a whole rather than relying on a single document. Identity information, income documentation, rental history, application information, and other relevant screening criteria should tell a reasonably consistent story.

Protect Your Tampa Rental Property From Application Fraud

Florida’s new fraudulent-entry law gives rental property owners an additional legal framework for addressing serious application fraud, but careful screening remains the first line of defense.

At Bahia Property Management, we help Tampa rental property owners coordinate applicant screening, lease administration, rent collection, resident communication, property inspections, maintenance, and other day-to-day management responsibilities.

When suspected fraud creates questions about criminal conduct, lease termination, notices, or eviction procedures, property owners should consult qualified Florida legal counsel and the appropriate authorities.

This article provides general information about Florida rental property management and is not legal advice. Whether particular conduct constitutes fraudulent entry or supports termination of a rental agreement depends on the specific facts and applicable law. Property owners should consult a qualified Florida attorney regarding specific legal questions.

Editorial source:

Florida Senate: CS/HB 1293 — Fraudulent Entry of Residential Dwellings.