Beginning October 1, 2026, knowingly using specified false identity or financial documents to obtain possession of a Florida rental dwelling can constitute a third-degree felony and may also expose the occupant to a seven-day non-curable eviction process.

Submitting inaccurate information on a rental application has traditionally been treated primarily as a civil or contractual problem in many situations. Florida's CS/HB 1293 creates a new criminal offense that substantially changes the consequences when false identity information or fraudulent documents are intentionally used to obtain possession of a residential dwelling. Beginning October 1, 2026, fraudulent entry of a residential dwelling can constitute a third-degree felony under newly created Florida Statute § 817.537.

The new law specifically addresses false identity statements, forged or counterfeit documents, and impersonation. This can include fake driver's licenses, identification cards, bank statements, and paystubs when the statutory requirements are satisfied.

What Is Fraudulent Entry According To A Florida Criminal Defense Attorney?

Florida Statute § 817.537 prohibits knowingly and willfully entering into and taking possession of a residential dwelling unit through specified fraudulent conduct.

The offense can involve:

• Materially false written statements concerning identity in a rental application;

• Forged, fictitious, or counterfeit documents, including driver's licenses, identification cards, bank statements, or paystubs; or

• Impersonating another person whose name is used in the rental application to execute a lease or obtain possession.

A violation is a third-degree felony.

The mental-state language is important. The State must establish knowing and willful conduct, not merely an innocent mistake.

Fake Paystubs Can Now Carry Felony Exposure

One of the most significant practical effects concerns false financial documents.

An applicant who knowingly presents a counterfeit paystub or fabricated bank statement to obtain possession of a residential dwelling may fall within the new offense.

That does not mean every discrepancy in employment income creates a felony.

I would examine whether the document was actually false, who created it, whether the applicant knew it was false, whether it was presented to obtain possession, and whether the statutory requirements were satisfied.

Identity Fraud Is Specifically Covered

The law also addresses knowingly making materially false identity statements and impersonating another person.

An applicant using another person's identity to obtain a lease can therefore face the new felony charge in addition to any other offenses that may apply under Florida fraud or identity-theft statutes.

A private attorney should examine whether prosecutors are improperly stacking multiple offenses for the same conduct and whether each statute's elements are independently supported.

The Law Also Changes Eviction Consequences

HB 1293 amends Florida landlord-tenant procedures so that someone who obtains possession through fraudulent entry can be subject to existing procedures applicable to violations that cannot be cured.

The legislation provides for a seven-day notice requiring the tenant to vacate.

That means the alleged fraud can simultaneously create criminal and housing consequences.

Statements made in the eviction case may also affect the criminal prosecution, so defendants should be cautious about submitting explanations without considering both proceedings.

What Defenses May Apply?

Potential defenses depend on the facts but may include lack of knowledge, lack of intent, inaccurate characterization of a document, identity theft committed against the defendant, mistaken attribution, or inability to prove that the document was used to obtain possession.

For example, an applicant may have received employment documentation from another person and genuinely believed it was authentic.

A third-party rental broker may also have submitted information without the tenant's knowledge.

I would seek application records, IP information, emails, employment records, document metadata, landlord communications, and witness testimony to determine who actually created and submitted the disputed material.

Example of How I May Build the Defense

Consider an illustrative case in which a renter is arrested after a landlord discovers that a paystub submitted with the application contains false information.

The applicant insists a third-party apartment-locating service prepared and submitted the package.

I would seek communications with the service, electronic document metadata, upload logs, payment records, emails, and testimony from people involved in preparing the application.

If those records establish that my client never created or knowingly approved the false document, the State may have difficulty proving knowing and willful fraudulent entry.

Florida Criminal Defense FAQs About Florida Rental Fraud Charges

Does Any False Statement On A Rental Application Become A Felony?

No. The statute targets specified knowing and willful conduct used to enter into and take possession of a residential dwelling.

The exact statement, materiality, mental state, and purpose all matter.

Can A Fake Paystub Lead To A Felony?

Yes, when prosecutors prove the requirements of § 817.537. The statute expressly includes forged, fictitious, or counterfeit paystubs among the types of documents covered.

Knowledge and intent remain important defense issues.

When Does The Law Take Effect?

HB 1293 takes effect October 1, 2026.

Conduct occurring earlier should be analyzed under the law in effect at that time.

Can You Also Be Evicted?

Yes. The legislation allows the landlord to use the seven-day non-curable termination procedure for possession obtained through fraudulent entry.

The criminal and civil proceedings should be handled with awareness of each other.

Contact Our Florida Rental Fraud Defense Attorney 

A fake paystub or identity allegation can now expose a Florida renter to a felony prosecution and rapid eviction proceedings. I can investigate who created and submitted the documents, whether the State can prove knowledge and intent, and whether other fraud charges are legally supported.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation.