Beginning next Wednesday, Florida will treat the willful use of false identities, forged documents, or impersonation to secure rental housing as a serious crime.
Known as HB 1293, this legislation takes effect on October 1, significantly altering the state's rental market regulations.
Governor Ron DeSantis signed the bill into law on June 12, following unanimous approval in both legislative chambers: 110-0 in the House of Representatives and 34-0 in the Senate.
This law introduces a new criminal offense under section 817.537 of the Florida Statutes: "fraudulent entry into a residential unit."
Illegal Acts Targeted by the New Law
HB 1293 specifies three fraudulent acts related to the rental process.
The first offense involves submitting a materially false statement about one's identity on a rental application.
The second involves providing the landlord with counterfeit, fictitious, or altered documents. This includes driver's licenses, ID cards, bank statements, and pay stubs.
The third offense is impersonating someone listed on the application to either sign the lease or take possession of the property.
A crucial aspect of the law is that these actions must be done knowingly and intentionally. Accidental mistakes on a form do not constitute a crime under this legislation.
Penalties: Up to Five Years in Prison and $5,000 Fine
Fraudulent entry into a residential property is classified as a third-degree felony in Florida, which can result in up to five years in prison and a fine of up to $5,000, depending on the specifics of the case and the offender's history.
While Florida already had laws against fraud and document forgery, HB 1293 specifically addresses fraudulent acquisition of residential housing, filling a legal gap that the rental industry had highlighted.
Civil Implications: Landlords Can Terminate Leases Without Notice to Cure
The law's impact isn't limited to criminal proceedings; it also changes the rules for lease termination, directly affecting tenants.
Normally, certain lease violations allow tenants an opportunity to correct the breach before termination is finalized by the landlord.
However, HB 1293 removes this option when housing is obtained fraudulently, classifying it as an incurable breach.
Landlords can issue a written notice of lease termination, giving tenants seven days to vacate the property.
This civil process can proceed even if no criminal charges or convictions are pending, as the law allows termination "regardless of whether criminal proceedings have been initiated."
Rationale Behind the Legislation: Combating Fraud for Fair Housing Access
The Florida Apartment Association (FAA) publicly supported the legislation.
In a statement quoted by Florida Politics and Infobae, the organization argued: "When fraudsters secure affordable housing they don't qualify for, they reduce access for working families and individuals who do meet the requirements for these limited units."
The FAA also noted that "tenants who commit application fraud often cease paying rent, leading to costly legal processes and financial losses, ultimately impacting property management and accessibility."
This issue is particularly significant in the Miami-Fort Lauderdale area, where the average rent was approximately $2,277 per month in June 2026.
Nonetheless, the law has sparked debate. According to Bay News 9, the St. Pete Tenants Union warned that felony penalties could exacerbate housing instability for tenants already facing affordability challenges.
Impact on Immigrants
HB 1293 does not impose any immigration status requirements for renting a home, nor does it criminalize the lack of certain documents.
Presenting a legitimate foreign document is not equivalent to presenting a forged ID; lacking a specific income verification document is not the same as fabricating a bank statement.
Fraud charges apply only when there is deliberate deception.
Telemundo 51 advises: "If you lack one of the requested documents, ask what alternatives the landlord or company accepts, but never submit false documentation."
HB 1293 is part of a broader package of twelve laws taking effect in Florida on October 1, which also includes changes related to traffic, gangs, drugs, and animal welfare.
Understanding Florida's New Rental Law
What is the main purpose of HB 1293?
The main goal of HB 1293 is to prevent fraudulent activities in the rental housing market by criminalizing the use of false identities and documents to obtain housing.
What penalties apply under the new law?
The law classifies fraudulent entry into a residential unit as a third-degree felony, which can result in up to five years of imprisonment and a fine of up to $5,000.
How does HB 1293 affect lease termination?
Under HB 1293, landlords can terminate leases without offering an opportunity to correct the breach if the property was obtained through fraud. Tenants must vacate within seven days of receiving notice.