New Florida Law Makes Rental Application Fraud a Felony.

New Florida Law Makes Rental Application Fraud a Felony

By Brittany Wood, For the National Apartment Association

A new law in Florida (passed as House Bill 1293) creates the crime of “fraudulent entry of a residential dwelling unit.” The new law will classify rental application fraud as a third-degree felony when it takes effect on October 1, 2026. Under the terms of the new law, fraudulent entry of a residential dwelling unit is an example of noncompliance that can be of a nature that a resident should not be given the opportunity to cure.

The Big Picture

On Friday, June 12, 2026, Governor Ron DeSantis approved House Bill 1293, making Florida the first state in the nation to make residential rental application fraud a crime. The law, which becomes effective on October 1, 2026, creates the crime of “fraudulent entry of a residential dwelling unit.” As signed, the crime is classified as a third-degree felony and can be punishable by imprisonment and/or fines under current existing Florida criminal penalty laws such as Florida Statutes 775.082, 775.083, or 775.084.

New Crime Created – Fraudulent Entry of a Residential Dwelling Unit

Actions that take place typically during the application phase of the leasing process have been targeted by the law. Under the law, fraudulent entry can occur if someone knowingly and willfully makes a materially false statement related to their identity in a rental application for a residential tenancy. A person can also be found guilty of the new offense if they present forged, fictitious or counterfeit documents to a housing provider. Under the text of the law, documents that can give rise to the offense being created include examples like a driver’s license or identification card, bank statement or pay stub if it is shown that the document meets the forged, fictitious or counterfeit standard in the law. The law also criminalizes other actions, such as impersonating someone else in whose name the rental application was submitted to the housing provider to sign a lease or take possession of the residential dwelling unit.

Lease Termination Statute Addressed

HB 1293 also amends existing laws. Under Florida Statute 83.56, if a resident fails to materially comply with the lease (outside of failing to pay rent or following reasonable rules and regulations) or if the resident fails to materially comply with Statute 83.52, a housing provider has options to terminate the tenancy. Under Florida Statute 83.52, if the noncompliance is of such an extent that the resident should not be given an opportunity to cure, or if the noncompliance is a subsequent or continuing noncompliance that is received within 12 months of having already received a written warning for a similar violation, the housing provider can provide written notice notifying the resident of the housing provider’s intent to terminate the tenancy.

The new law includes a specific reference to note that examples of noncompliance that are of such nature that the resident should not be given an opportunity to cure include an act of fraudulent entry of a residential dwelling unit that violates Florida Statute 817.537(2). Of note, the law makes clear that the timing for not providing the opportunity to cure for violation of this offense is immaterial, as criminal proceedings do not have to have commenced at the time the housing provider gives notice to terminate for this crime under the law.

Industry Perspective & Effective Advocacy

Over time, rental application fraud has become an increasingly significant issue. The Florida Apartment Association (FAA) says that “unfortunately, Florida had the dubious distinction of leading the nation in incidents of rental application fraud. FAA’s members reported that this issue was directly impacting their sites throughout the state. The FAA saw an opportunity to amend Florida statute and champion HB 1293 aimed at combating residential application fraud head on. Florida was the first state in the nation to formally address this pervasive operational challenge.”

The National Apartment Association (NAA) commends FAA for its steadfast advocacy and successful efforts in advancing this legislation. FAA notes that “these strategic policy changes will serve as a strong deterrent to application fraud going forward, provide meaningful relief for housing providers of all sizes, and will ensure that our limited supply of affordable rental housing is reserved for Floridians who are truly in need.”

NAA strongly supports policy approaches that recognize rental application fraud as a serious threat to the integrity of the housing ecosystem and establish clear consequences for fraudulent conduct. As fraud becomes more sophisticated, driven by falsified documents, identity theft and emerging tools such as artificial intelligence (AI)-generated applications, housing providers are facing growing operational and financial risks that ultimately increase costs across the board. Policies like Florida’s HB 1293 help restore accountability by treating fraudulent entry as a significant violation that may warrant both civil and criminal remedies. At the same time, NAA emphasizes that effective fraud prevention depends on preserving housing providers’ ability to conduct thorough and reliable resident screening. Policymakers should ensure that efforts to address fraud are paired with policies that maintain access to comprehensive public data and do not limit screening flexibility, so providers can continue to identify bad actors, preserve their communities and maintain affordability for responsible residents. 

The law becomes effective beginning on October 1, 2026. Owners and operators with properties in Florida should work with their local counsel, risk management, and business teams to determine how HB 1293 will affect their operations and to ensure that policies and procedures in place comply with all applicable laws and regulations. For more timely updates on the industry’s advocacy and legal news, register for our monthly Advocacy and Legal Webinar (ALW) series and tune in every third Wednesday of the month at 2:00 p.m. Eastern Time. This webinar is exclusively for NAA members and affiliate partners.