Florida's New Rental Fraud Law: Fake Pay Stubs Can Now Mean a Felony
TL;DR: Starting October 1, 2026, Florida's HB 1293 makes it a third-degree felony to use false identity information or forged documents, such as fake pay stubs, counterfeit IDs, or altered bank statements, to get approved for a rental. The penalty is up to five years in prison and a $5,000 fine, and landlords can issue a 7-day notice to vacate with no chance to cure the violation. If you or a loved one is arrested, David Stern Bail Bonds can help you get out of jail quickly, 24/7, at 954-467-2220.
What Is Florida's New Rental Fraud Law?
Through HB 1293, Sunshine State renters can now face criminal charges should they violate the newly created "fraudulent entry of a residential dwelling unit" statute. It takes effect October 1, 2026, and according to reporting on the law, Florida is the first state to write a statute aimed specifically at rental application fraud instead of relying on general forgery or fraud laws.
The bill passed the Florida Senate 34-0 and the House 110-0, and Governor Ron DeSantis signed it on June 12. Landlord groups, including the Florida Apartment Association, pushed for it, citing a steady stream of doctored applications and renter fraud.
What Counts as Rental Fraud Under HB 1293?
A person commits the offense by knowingly and willfully doing any one of the following to gain possession of a rental unit:
Making a materially false written statement about their identity on a rental application.
Giving a landlord forged, fictitious, or counterfeit documents, such as a fake driver's license, a doctored bank statement, or fabricated pay stubs.
Impersonating another person to sign the lease or receive the keys.
Any single act is enough for criminal charges. The law also reaches common shortcuts, like using a friend's pay stub, inflating income numbers, or applying under someone else's clean credit and identity.
What Are the Penalties?
Consequence | Details |
Criminal classification | Third-degree felony |
Maximum prison term | Up to 5 years |
Maximum fine | $5,000 |
Eviction | Fraud is "noncurable," so a landlord can issue a 7-day notice to vacate |
Criminal case required first? | Nope. A landlord can act without waiting for charges |
Felony convictions in Florida can also affect future housing applications, employment, professional licensing, and other civil rights. A fraud charge can follow someone long after the lease ends.
Why the "Noncurable" Eviction Matters
In a typical Florida lease dispute, a tenant gets a notice to cure, such as paying late rent, before losing the home. HB 1293 removes that option for rental fraud. Once a landlord identifies the fraud, the tenant can be given just seven days to leave, even if rent has always been paid on time.
For tenants, that means a fraud allegation can bring a criminal charge and a housing emergency at the same time.
What Happens If You're Arrested for Rental Fraud?
An arrest doesn't mean a conviction. Everyone is presumed innocent until proven guilty, and the facts of each case matter. Here's how the process typically works:
Arrest and booking. The person is taken into custody and processed at the county jail.
First appearance. A judge usually reviews the charge and sets bail within about 24 hours.
Posting bail. Bail can be paid in full, or a licensed bail bondsman can post a bond on the defendant's behalf.
Release and court dates. The defendant is released with conditions and must attend every hearing.
Hiring a bail bondsman is often the fastest way to get someone home while they work with a criminal defense attorney on the case. In Florida, the bond premium is set by state law, and we'll walk you through every cost upfront. Bail amounts vary by county and judge, so call us for guidance on your specific situation.
How David Stern Bail Bonds Can Help
If someone you love has been arrested on a rental fraud or other felony charge, every hour in custody counts. David Stern Bail Bonds offers:
24/7 availability, including nights, weekends, and holidays
Fast bond posting at jails across across Florida and
Clear, honest explanations of the process, costs, and your responsibilities
Compassionate support for families during a stressful time
Call David Stern Bail Bonds at (954) 467-2220 or click here for a free, confidential consultation.
Tips for Renters: How to Stay on the Right Side of the Law
Only submit documents that are 100% accurate, including real pay stubs, real IDs, and real bank statements.
Never use another person's identity or income to qualify for a lease, even with their permission.
If you don't meet income requirements, ask about a qualified co-signer, a larger security deposit, or a different property.
If a landlord accuses you of fraud, don't ignore it. Speak with a licensed Florida attorney right away, since the eviction timeline is only seven days.
If you're arrested, stay calm, don't discuss the case with police without counsel, and contact a bail bondsman and attorney.
Frequently Asked Questions
When does Florida's rental fraud law take effect? HB 1293 takes effect October 1, 2026.
Is using a fake pay stub to rent an apartment a felony in Florida? Yes. Under HB 1293, knowingly giving a landlord forged or counterfeit documents, including fake pay stubs, to obtain a rental is a third-degree felony.
What is the penalty for rental application fraud in Florida? A third-degree felony carries up to five years in prison and a fine of up to $5,000.
Can a landlord evict me right away for rental fraud? The law makes the violation noncurable, so a landlord can issue a 7-day notice to vacate without waiting for a criminal case.
Can I get bail for a rental fraud charge? Generally, yes. A judge typically sets bail at a first appearance hearing, and a bail bondsman can help post it. Amounts vary by case and county.
Does David Stern Bail Bonds handle felony bonds? Yes. We post bonds for felony and misdemeanor charges. Call (954) 467-2220 any time.
Where is David Stern Bail Bonds located? We're at 601 SW 4th Avenue, Fort Lauderdale, FL 33315, and we're available 24/7 by phone. Learn more at www.davidsternbailbonds.com.
This article is for general informational purposes only and is not legal advice. For advice about your specific situation, consult a licensed Florida attorney.
Comments