By Sophia Truong
Florida landlords and tenants will soon have a new statute to consider when dealing with residential rental fraud. Beginning October 1, 2026,
Florida will make it a crime to enter and take possession of a residential dwelling through certain forms of intentional deception.
The new law, known as the Fraudulent Entry of Residential Dwellings law, creates section 817.537, Florida Statutes, and changes Florida’s residential landlord-tenant laws. The law was enacted as Chapter 2026-143, Laws of Florida, and takes effect October 1, 2026.
The Basics of Fraudulent Entry: Falsified Information, Real Trouble
Under the new law, a person may commit fraudulent entry by “knowingly and willfully” entering and taking possession of a residential dwelling unit by providing certain materially false information or documents. This can include making a materially false written statement about the person’s identity on a rental application, presenting forged, fictitious, or counterfeit documents to a landlord, or impersonating another person whose name appears on the rental application.
The law specifically identifies documents such as a driver license, identification card, bank statement, or paystub as examples of documents that may fall within the statute.
Fraudulent entry is a third-degree felony, punishable under Florida’s felony sentencing and fine provisions. A third-degree felony is generally punishable by up to five years in prison and a fine of up to $5,000.
Why the New Law Was Created: Closing the Door on Rental Fraud
Rental fraud can place property owners in a difficult position. A landlord may approve an applicant and voluntarily provide access to a property, only to later discover that the identity, financial records, paystubs, or other information used to obtain approval was fraudulent.
Because the landlord originally gave the person permission to enter the property, these situations may not resemble a traditional unlawful entry or trespass. The landlord technically consented to the person’s possession, but that consent may have been obtained through deception.
The new law is designed to address that situation by creating a specific criminal offense for intentionally obtaining possession of a residential dwelling through the types of fraudulent conduct identified in the statute.
What a Landlord Can Do: A New Tool for Addressing Fraudulent Entry
The law gives landlords an additional remedy when fraudulent entry occurs.
Florida’s landlord-tenant statute will now expressly classify fraudulent entry as an act of noncompliance for which a landlord may terminate the rental agreement. The law incorporates the existing procedures under section 83.56 for noncompliance that is not curable. In these circumstances, the tenant has seven days after receiving the landlord’s notice of termination to vacate the premises.
If the occupant does not leave after the required notice, the landlord must still follow Florida’s regular legal procedures for recovering possession of the property. The new law does not allow a landlord to simply remove a tenant without following the required eviction process.
In the Case of an Honest Mistake, Intent Makes All the Difference
Not every error on a rental application is a crime.
The law specifically requires the conduct to be done “knowingly and willfully.” That distinction is important, especially within the context of a criminal penalty. Someone who intentionally creates a fake paystub or uses another person’s identity is very different from an applicant who accidentally provides outdated information or makes a mistake on an application.
Whether conduct amounts to fraudulent entry will depend on the particular facts and whether there is evidence of knowing and willful conduct that falls within the statute.
What Should Landlords and Tenants Know?
For landlords and property managers, the new law provides a new safeguard and reason to carefully verify identification, employment information, financial records, and other documents submitted within rental applications.
For tenants, the law is a reminder that information provided during the rental process should be complete and as accurate as possible. Applicants should also understand that intentionally providing false identity information or fraudulent documents to obtain possession of a rental property may have both criminal and civil consequences.
Ultimately, Florida’s new fraudulent-entry law is intended to distinguish ordinary landlord-tenant disagreements from situations involving deliberate rental fraud. As the law takes effect on October 1, 2026, both landlords and tenants should understand their rights and obligations and carefully consider the information provided during the rental process.
About the Author
This article was prepared by Sophia Truong, a Summer Law Clerk at Woodward, Pires & Lombardo, P.A. Sophia recently completed her first year at Cleveland State University College of Law. She has a strong interest in Real Estate and Business Law and is gaining hands-on experience working alongside the firm’s attorneys during her summer clerkship.
Originally from Houston and now living in Naples, Sophia enjoys Pilates, cooking, and spending time with her family.
If you have questions about landlord-tenant law or need assistance with a landlord-tenant matter, the experienced attorneys at Woodward, Pires & Lombardo, P.A. are here to help. Contact our Naples office at (239) 649-6555 or our Marco Island office at (239) 394-5161 to schedule a consultation and learn how we can help protect your rights and interests.
Woodward Pires & Lombardo. P.A.
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Naples, FL 34103
239-649-6555
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Marco Island, Fl 34145
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