Florida's New Rental Fraud Law Takes Effect October 1 — What Miami Landlords Need to Know
Florida landlords have a new tool arriving October 1, 2026. Starting that date, a tenant who obtains a rental unit by submitting fake documents, a false identity, or forged financial records commits a third-degree felony under Florida law. The bill that created this change, HB 1293 (2026), makes Florida one of the first states in the country to specifically criminalize residential rental application fraud at the statutory level.
For Miami landlords, property managers, and investors, the practical impact goes beyond the criminal penalty. The law also rewrites the eviction process for fraudulent occupants, cutting out steps that previously slowed removal and left property owners in costly holding patterns.
Here is what the law does and what it means for rental properties in Miami.
What HB 1293 Does
HB 1293 creates a new section of Florida law: Florida Statute §817.537, titled "Fraudulent Entry of a Residential Dwelling Unit." The statute takes effect October 1, 2026.
Under the new law, a person commits the offense of fraudulent entry when they obtain possession of a residential rental unit by:
- Providing false statements regarding identity (fake names, false Social Security numbers)
- Submitting false identity documents (forged IDs, fabricated paystubs, fraudulent bank statements)
- Impersonating another person when signing a lease
The offense is classified as a third-degree felony, carrying potential penalties of up to five years in prison. This places rental application fraud in the same felony tier as grand theft, aggravated assault, and burglary of a conveyance.
The criminal classification matters for two reasons. First, it creates a meaningful deterrent for people who view fake applications as a low-risk path to obtaining housing. Second, and more immediately practical for landlords, it changes the civil eviction process that follows.
How the Eviction Process Changes
Florida's standard eviction process for lease violations allows tenants an opportunity to cure the violation before eviction proceedings begin. For most lease breaches, landlords must give written notice and a window to correct the problem.
HB 1293 eliminates that cure period for fraudulent entry. The law amends Florida Statute §83.56 to classify fraudulent entry as non-curable noncompliance. That means a landlord who can document that a tenant obtained the unit through fraud does not have to give them the opportunity to fix anything. The sequence becomes:
- Issue a 7-day notice to vacate (no cure period, no opportunity to correct the violation)
- File for eviction if the occupant has not left within seven days of the notice
- Proceed without waiting for criminal prosecution — the civil removal process operates independently of any criminal case
That last point is significant. Landlords do not need to wait for the State Attorney's Office to charge or convict the fraudulent occupant before pursuing the civil eviction. The two tracks, criminal and civil, run separately. A landlord can complete the eviction while a criminal investigation is pending or not yet opened.
This is a meaningful change for Miami landlords dealing with fraudulent occupants, who under the prior framework often faced drawn-out proceedings while a person who had never legitimately obtained the tenancy benefited from the standard tenant protections designed for good-faith renters.
What This Means for Miami Rental Property Owners
The rental fraud problem is not hypothetical. As the market for rental housing has tightened and competition for units increased, fraudulent applications using AI-generated pay stubs, stolen identities, and forged bank statements have become a documented and growing issue for landlords across Florida and nationally.
Allioo's 2024 overview of fraudulent rental applications covered how to spot fraud during the screening process. HB 1293 now adds a legal consequence after placement — and a faster path to removal when fraud is discovered after move-in.
For Miami landlords specifically, this law matters because:
The rental market is competitive and screening pressure is high. When dozens of applications arrive for a single unit, verification steps can be rushed. Fraudulent applications are often designed to look convincing. The new law creates a credible criminal consequence that applicants must weigh.
Properties in Miami-Dade are often multi-unit or managed remotely. Landlords with larger portfolios or out-of-state ownership structures who rely on property managers benefit from a cleaner legal path to remove fraudulent occupants once discovered. The prior process of establishing a curable versus non-curable violation added procedural friction.
The 7-day non-curable notice is an acceleration. For landlords currently managing a situation where they suspect post-move-in fraud, October 1 is the date to mark. Before that date, standard eviction procedures apply. After it, the expedited path is available for cases that qualify under §817.537.
What Landlords Should Do Before October 1
The arrival of this law does not change the value of rigorous screening before a tenant moves in. Criminal penalties and faster eviction are backstop tools — the goal is still to identify fraudulent applications before the keys are handed over.
With that context, landlords and property managers may want to review the following before October 1:
Document your screening records. If a fraudulent entry case goes to the 7-day notice process, being able to show what documents the tenant submitted and how they compare to verified records strengthens the landlord's position in civil proceedings.
Understand what qualifies. Not every problematic tenancy qualifies as fraudulent entry under §817.537. Tenants who misrepresented income on a legitimate application may not meet the threshold. The statute specifically covers false identity statements, forged documents, and impersonation. A landlord considering the non-curable notice path for a case that does not clearly fit those elements should consult a Florida landlord-tenant attorney before proceeding.
Know the process has two tracks. Filing a police report for the criminal component and filing for civil eviction are separate steps. Landlords can pursue the civil removal independently, but coordination with law enforcement may be relevant if the fraud involves identity theft affecting a third party.
Review your lease language. Some landlords may wish to update lease agreements to explicitly reference fraud and document submission as grounds for non-curable termination, in alignment with the new statute.
Note: The above is informational context on the new law. How these provisions apply to a specific tenancy depends on the facts of that situation. Miami landlords dealing with a suspected fraudulent entry case should consult a licensed Florida real estate attorney or landlord-tenant attorney before taking action.
The Bigger Picture: Florida's Evolving Landlord-Tenant Law
HB 1293 is one of several landlord-facing changes out of the 2026 Florida legislative session. The broader pattern reflects ongoing attention from the Legislature to issues affecting property owners, including the rental fraud bill, updates to HOA governance, and ongoing litigation around condominium assessments.
For rental property owners in Miami, staying current with Florida's landlord-tenant framework is an ongoing responsibility. Laws that were accurate two years ago may have been amended. Lease provisions that were standard practice may no longer reflect current requirements.
Allioo will continue tracking Florida rental law changes that affect Miami landlords, property managers, and investors.
This content is for informational purposes only and does not constitute legal, financial, or real estate advice. Consult a licensed professional for guidance specific to your situation. Florida real estate and landlord-tenant laws are subject to change. This article reflects laws as of August 2026. Consult a licensed Florida real estate attorney for advice specific to your situation.
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Frequently Asked Questions
What is HB 1293 and when does it take effect? HB 1293 is a 2026 Florida law that creates Florida Statute §817.537, making it a third-degree felony to obtain a residential rental unit by submitting false identity information, forged documents, or by impersonating another person. It takes effect October 1, 2026.
What felony class is rental application fraud under HB 1293? Fraudulent entry of a residential dwelling is classified as a third-degree felony in Florida, carrying penalties of up to five years in prison.
Can a landlord evict a fraudulent tenant without waiting for a criminal conviction? Yes. The civil eviction process operates independently of any criminal prosecution. A landlord can issue a 7-day notice to vacate and proceed with civil eviction without waiting for the State Attorney to charge or convict the occupant.
What notice is required to evict a fraudulent occupant under the new law? Landlords may issue a 7-day notice to vacate with no opportunity to cure, because fraudulent entry is classified as non-curable noncompliance under Florida Statute §83.56 as amended by HB 1293.
Does this law apply to all rental properties in Florida? The law applies to residential dwelling units. Landlords should consult a licensed Florida attorney to confirm how the statute applies to their specific property type and situation before relying on the expedited eviction process.
Sources: HB 1293 (2026), Florida Statute §817.537 (eff. October 1, 2026); Florida Statute §83.56; Florida Realtors 2026 Legislative Final Report; Modern Day Property Management (2026); National Apartment Association.