More by Kasia Manolas at Avail

Illinois Landlord-Tenant Law

Kasia Manolas — Thu, 04 Jun 2020 18:01:00 +0000

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The Landlord-Tenant Environment in Illinois

Of the 12.6 million residents in Illinois, 11.4% are renting, meaning there are 1.4 million tenants in Illinois. Illinois has a high volume of tenants compared to most states, but not as high as D.C., California, or New York.

We ranked the best landlords in the US based on a survey of our landlords. Illinois landlords ranked #4 for being knowledgeable of their state laws, having a lower percentage of court disputes, and being more likely to change the locks.

The landlord-tenant state laws in Illinois are fairly straightforward, but the laws in Chicago are more complex. The Chicago Residential Landlord Tenant Ordinance (CRLTO) has strict laws, especially for security deposits, which may be why Illinois landlords are the second most likely in the country to charge a move-in fee on top of a security deposit. Overall, Chicago has one of the most strict landlord climates in the country, which is why we say Illinois is a tenant-friendly state.

In this article, we’ll go through Illinois landlord-tenant law. For Chicago landlords, we included specific Chicago laws towards the end of the article. Please be aware that city and local laws can be more specific and in-depth than state laws, and landlords must follow their local laws.

Illinois Landlord-Tenant Regulations

Security Deposit

Which situations allow a landlord to withhold a security deposit in Illinois?

Security deposits are designed to secure rent payments and compensate the landlord for actual property damage or the nonpayment of rent. In Illinois, this allows a landlord to withhold a security deposit for only one of two very specific reasons:

1) If the tenant owes unpaid rent
2) If there is damage caused by the tenant beyond normal wear and tear

It’s more common for landlords to withhold money due to property damage than for unpaid rent or utilities. In fact, 82% of Illinois landlords who collect a security deposit withheld part of the deposit for property damage.

In addition to covering costs at the end of the tenancy, security deposits are also a useful way to measure if a tenant is responsible with their money. Landlords often collect a security deposit to see if tenants have been able to accrue savings to pay the full security amount.

When must a landlord return the deposit by in Illinois?

If a Chicago-based landlord has no reason to withhold the security deposit, as mentioned above, it must be returned within 45 days of the tenant moving out unless it is an owner-occupied building with 6 units or less. However, suburban Cook County requires landlords to return the security deposit within 30 days of moving out.

If the security deposit is not returned in full, the landlord is required to provide a written itemized list to the tenant stating how the deposit money has been used to cover costs (whether it’s to cover unpaid rent or paying for repairs). This list must be given to the tenants within 30 days of the tenant moving out. The itemized list must include paid receipts stating the cost of repairs.

The landlord is required to fix repairs within 30 days of the tenant moving out because they must provide receipts stating the cost of repairs on the itemized list, which needs to be provided within 30 days.

Tenants can sue if a landlord has violated Illinois security deposit law for damages. The amount of damages can range from the deposit amount to two times the amount of the security deposit. They are also liable for the cost of legal fees.

Despite extensive regulation of security deposits in Illinois, they are still commonly used. 95% of Illinois landlords collect a security deposit. Of the landlords who collect a security deposit, approximately 90% of them set the security deposit equal to the monthly rent price.

We recommend landlords use non-refundable move-in fees instead to avoid the headache of security deposits. Move-in fees are less strictly regulated and they are non-refundable. Tenants tend to prefer move-in fees, as well, because they are typically less than one month’s rent, which is less than most security deposits.

Non-refundable move-in fees serve the same purpose as deposits in terms of screening a tenant for financial responsibility. If a tenant has accrued savings and can afford a nonrefundable fee, they are demonstrating their responsibility. You get the same screening benefit as a security deposit without the added headache and risk that goes along with refunding a security deposit.

Do landlords have to pay interest on security deposits in Illinois?

The Security Deposit Interest Act (765 ILCS 715) requires that the lessor of residential real property that consists of 25 or more units, pay interest to the lessee on any security deposit held for six months or more.

Chicago landlords are required to keep non-commingled, interest bearing security deposits unless dwelling is in owner-occupied buildings containing six units or less.

The Illinois Department of Financial and Professional Regulation releases the interest rate equal to the largest commercial bank in Illinois annually in January. And the City of Chicago publishes the yearly interest rate on their website.

Security deposits in Illinois must be held in a bank account within the state.

Can security deposits be commingled with other assets?

The security deposit must be kept in a separate account if interest is owed to the tenant (if the deposit is held for 6+ months or if the landlord owns more than 25 units in a single building or complex). If the deposit is held for less than 6 months, or the landlord owns less than 25 units in a single building or complex, then he or she does not have to keep the deposit in a separate account.

According to our survey, 75% of Illinois landlords that collect security deposits keep the deposit in its own account- separate from all other assets.

Is a deposit receipt required in Illinois?

Security deposit receipts are not required, but we recommend issuing a receipt to record the transaction anyway.
Although Illinois does not specify the following as rules, we recommend landlords follow this procedure to reduce confusion and legal trouble.

State the location of the security deposit in the rental agreement.
If the landlord is required to provide the tenant interest on the deposit (he or she owns 25 or more units or has the deposit for 6+ months), then the landlord should specify the interest rate the tenant will earn in the rental agreement.
If the landlord changes the location of the deposit, the landlord should update the tenant in writing of the new location. A thorough written notice will state the new location for the deposit, why it has been moved, and the date of the transfer.

Rental Agreement

Rental agreements are required for tenancies that are 12 months or longer. Oral agreements are technically “legal and enforceable” if the term is less than one year, but it’s hard to prove what was verbally agreed upon. Without a written rental agreement, it is very difficult to bring issues to court. We recommend having a signed rental agreement, no matter how long the rental term, for added legal security and to make the terms clear.

Get started now by creating an online Illinois rental lease Avail. Our attorney-approved rental agreement includes all the necessary notices and disclosures based on your property’s address. It’s never been easier to create, modify, and sign a rental agreement. And check out our tips to make your rental lease even better.

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Late Fees and Grace Periods

Illinois limits late fees to either $20 or 20% of the rental fee for each month an occupant does not pay rent, whichever is greater.

Late fees must be written in the rental agreement if they are expected to be legally upheld and followed. If a landlord doesn’t wish to have a late fee, then it does not have to be included in the rental agreement. But we recommend having a late fee in place as it motivates tenants to pay rent on time. Read here for more on how to handle tenants with late rental payments.

In Illinois, a landlord is not required to have a payment grace period. Rent is considered late if it is paid anytime after the expected due date. If a landlord wishes to include a grace period for late rent (typically five days), then they can include the grace period in their rental agreement. By including a grace period, even if very brief, it makes it very clear to tenants the exact day that a late fee will be assessed.

To ensure rent is paid on time every month, landlords should complete a thorough tenant screening process and make paying rent easy with online rent payments.

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Re-keying

As a safety precaution, landlords are required to change the locks before a new tenant moves in. If keys are lost or stolen, the landlord is also required to change the locks for the safety of the tenants.

The landlord must sign a disclosure to the tenant stating that the locks have been changed. Although Illinois does not specify what should be included in this disclosure, we recommend including a receipt from a locksmith stating the locks have been changed and the date. This protects the landlord from liability in the case of theft.

Despite Illinois law requiring landlords to change the locks, roughly 33% of Illinois landlords do not change the locks. And 23% only change the locks if the tenant asks them to.

If the landlord does not change the locks and theft or damage occur, the landlord may be responsible for any damage the tenant incurs.

The landlord is not required to change the locks under the following circumstances if:

The lessee has obtained the right to rekey the unit
The unit lock is pursuant to a written lease agreement
The unit is in an apartment building with 4 units or less
Another unit in the building is owner occupied
The unit is in a county with a population above 3 million

Pet Laws

Illinois does not have any specific pet laws. Landlords are allowed to create their own requirements for pets. They decide if pets are allowed, what size is allowed, etc.

Federal law states that people with certain disabilities have a right to request a waiver for a ‘no pets’ policy if they need a service animal for medical reasons.

Landlords have the right to deny a ‘no pets’ waiver request if allowing the pet causes the landlord financial or administrative burden. But it is very rare for a landlord to deny a service animal.

Landlords are allowed to charge a pet deposit and additional pet rent if they choose.

Rental Licence

What is a rental license?

A rental license is provided by your local government. It grants you permission to rent your property. In order to be licensed, your local township will inspect your property and verify it meets community standards.

Landlord rental licenses are not required by Illinois law but are usually required locally. Check your local jurisdiction for rental license laws and be aware that they typically need to be renewed yearly by paying a fee.

What is the process for getting a rental license?

You apply for a license through your township’s website, your township schedules an inspection, and then assuming you meet all of their codes, you receive a signed and dated license.

Notice of Entry

Illinois do not have provisions governing landlord right to entry, but the City of Chicago requires that landlords provide at least 48 hours notice before entering a unit. Reasonable times are defined as Monday-Friday between 8am and 6pm. The reason for entry can be a repair or to show the property to prospective tenants, future owners, etc.

In the case of an emergency, the notice of entry law is waived. Emergencies are situations where people or the property are threatened. For example, a gas leak or water leak constitutes an emergency.

The landlord does not have to provide any proof of the emergency at the time, but if the tenant should believe that the landlord entered unlawfully, the landlord will need proof of the emergency. Proof could be a gas report or notice from the utility company that justifies the landlord believing there is an emergency.

Required Illinois Rental Agreement Notices

Tenant Utility Payment: According to the Tenant Utility Payment Disclosure Act (765 IlCS 740), a landlord must include in the rental agreement whether a tenant is responsible for utilities, specifically for the cost of gas or electric heat for that unit or building.

Notice of Foreclosure: Prospective tenants are required to know if the property is currently in a foreclosure.

Identification Of Owner: The rental agreement must disclose the identify of the property owner.

Conditions Affecting Habitability: Landlords are required to disclose any violations affecting habitability from the past 12 months. This includes the residence and common areas, such as entryways, recreational areas, courtyards, basements, and rooftops.

Radon Hazard Disclosure: Landlords must disclose the known presence of radon in the building. If the building has high levels of radon, then the owner must present a radon report to the tenants.

Mold Disclosure: If there is known mold in the property, the landlord must disclose this information to the tenant.

Asbestos Disclosure: If there is known asbestos in the property, the landlord must inform the tenant.

Lead Paint Disclosure: Landlords must disclose known presences of lead paint in the unit or common areas. The rental agreement must have a federally-approved attachment on lead poisoning prevention.

Oft-Cited Illinois Landlord and Tenant Laws

Landlord and Tenant Act 765 ILCS 705

If a tenant commits an offense on the property’s premises, the lease can be voided by the landlord.
If a landlord voids a rental agreement under the provisions of this law and the tenant does not move out within five days, then the landlord can seek legal relief.
The landlord must re-key the unit after a tenant moves out and before a new tenant moves in. If a theft occurs and the landlord had not changed the locks, the landlord is liable for any damage incurred.
If a tenant is called to military service during his or her tenancy, the tenant must provide the landlord a written order as proof. The landlord must comply with a lease termination within 30 days of the written military order being provided. It is a civil rights violation under the Illinois Human Rights Act to deny a service member a lease termination in the case that they are called to duty.

Security Deposit Return Act 765 ILCS 710

A landlord who has received a security deposit from a tenant (to secure rent or compensate for damage) is not allowed to withhold any amount of the deposit unless he or she has provided an itemized list stating the reason for the deduction. The list must include attached receipts to verify the cost of repairs.
If the landlord repairs the issue on their own, they are allowed to deduct a reasonable cost from the security deposit for their time and labor.
The landlord has 30 days from the tenant moving out to provide this itemized list and receipts.
If the landlord has refused to provide the list and still deducted from the security deposit, or didn’t return it at all, then the landlord is liable for the amount of the 2x the security deposit plus court fees, including attorney expenses.
If the rental property owner changes, then the person who was transferred the rental agreement is now liable for the security deposit and returning it.

Security Deposit Interest Act 765 ILCS 715

Interest is owed to the tenant if the security deposit is held for 6+ months of if the landlord owns 25 or more units in one complex or building.
The interest rate must be equal to the interest paid by the largest commercial bank in Illinois.
The deposit must be held in a bank in Illinois.
At the end of each 12-month rental period, the landlord must return any interest earned on the deposit that has accrued to five or more dollars. Interest can be given to the tenant via cash or can be applied as a credit on rent.

Retaliatory Eviction Act 765 ILCS 720

If a tenant files a government complaint in regard to building or health codes, a landlord cannot terminate the lease or refuse a lease renewal due to the complaint.
Any rental agreement clauses that attempt to dismiss this law are considered void.

Property Taxes of Alien Landlords Act 765 ILCS 725

This law pertains to landlords who are not legal U.S. citizens, otherwise known as alien landlords.
Alien landlords who own properties for the purpose of farming or raising crops are not allowed to have a provision in a rental agreement that requires tenants or any other person to pay taxes for the property. If the rental agreement attempts to do this, it is deemed void.
If an alien landlord receives money from a tenant for property taxes, the money will be recovered to the tenant.

Rent Concession Act 765 ILCS 730

The purpose of this law is to avoid the malpractice of landlords stating an inaccurate rent price on rental agreements.
What is considered rent concession:
- A credit or rebate for rent
- The right to stay in the property for a time period other than the lease duration dates at a rate other than the fixed rent price
- Giving the tenant any valuable or privilege
What is not considered rent concession:
- If the landlord repairs or decorates the premises
- A waiver of terms and conditions for terms that do not relate to rent payment
If a rent concession is made after the rental agreement is entered into (meaning both parties have signed), then the landlord must add the words “Concession Granted” on the lease. The text must be at least half of an inch tall.
There must also be a note on the margin or top of the agreement that states the nature of the rent concession.

Rental Property Utility Service Act 765 ILCS 735

The landlord is required to pay for utilities to ensure that the tenant has access to gas, heat, and water unless it’s stated in the rental agreement that the tenant is responsible for utilities.
If the landlord fails to provide these services to their tenant, the tenant is allowed to terminate the rental agreement.
Utility companies are not allowed to shut off services in the case of nonpayment until they have provided all tenants (in buildings with 3 or more units) a notice warning them of loss of service.
In the case that the landlord hasn’t paid for utilities, the tenant is allowed to put the service under his or her name and pay for the services. Any payments the tenant makes to the utility company can be deducted from his or her rent.
Tenants do not have to pay for utilities for common areas.
If the tenant is paying for utilities on his or her own (as specified in the rental agreement), then the landlord must provide the correct meter and unit information.
Landlords are required to provide tenants the utility bills from the previous 12 months with the rental agreement to serve as an estimate of heating costs.
A tenant is entitled to receive money from the landlord for utility bills if the landlord has violated this law.
Landlords are not allowed to tamper with, interrupt, or stop services for utilities.
Landlords are not allowed to increase rent to cover the cost of utilities if utilities are meant to be paid by the landlord.

Tenant Utility Payment Disclosure Act 765 ILCS 740

In the case that a rental agreement states the tenant will pay for utilities, the landlords cannot charge tenants an amount that exceeds the service payment.
A common interest community association or condominium association decides how utilities are allocated to tenants in different units based on unit size or usage.

Residential Tenant’s’ Right to Repair Act 765 ILCS 745

The tenant may notify the landlord of necessary repairs stating that the landlord is expected to fix it.
If the landlord fails to make the repair within 14 days of this notice, then the tenant may have the work completed at the landlord’s expense.
If the landlord fails to fix the repair promptly in the case of an emergency, the tenant may fix the problem at the landlord’s expense.
In the case that the tenant has the work done himself or herself, the tenant needs to provide the landlord a receipt for the service.The tenant can deduct the amount of the service from rent that month.
Landlords are not required to pay for repairs if the damage is caused by the tenant (or anyone on the property with the tenant’s consent).

Mobile Home Landlord And Tenant Right Act 765 ILCS 750

Mobile homes cannot be rented unless they meet the health, sanitation, and housing code.

Safe Homes Act 765 ILCS 755

The landlord cannot bring legal action against the tenant for breach of contract or to recover rent:
- If a tenant needs to vacate the rental property due to immediate threat, domestic violence, or sexual violence
- If a tenant provided notice within 3 days of vacating the property
Tenant can request the locks be changed if he or she reasonably believes they are in imminent danger of domestic or sexual violence.
The notice requesting a change of locks should be accompanied by one of the following types of evidence of violence:
- Medical or police reports
- A statement from a crisis organization employee or victim services employee
  If the person endangering the tenant is another tenant on the lease, then the notice to change the locks must also be accompanied by an Order of Protection.
With proper notice, the landlord has 48 hours to change the locks.
Landlords cannot disclose this information to other landlords if the tenant exercised his or her rights within this act.

Landlord-Tenant Disputes

Of our landlords surveyed in Illinois, 76% of them have never evicted a tenant.

19% of Illinois landlords have been to court with a tenant. Common reasons for going to court in Illinois are unpaid rent, refusal to pay rent, or late rent.

As you can see above, the majority of Illinois landlords win in court.

Rules and Regulations in Chicago

By following state law, landlords are not necessarily in compliance with city laws, particularly in Chicago. Chicago landlords must follow federal and state laws mentioned above, but also city laws. The Chicago Residential Landlord and Tenant Ordinance (CRLTO) has more strict laws, especially for security deposits.

You can find more about laws in Chicago in the City of Chicago Residential Landlord and Tenant Ordinance, but here is an overview of the important distinctions for Chicago:

Chicago Security Deposit Rules

Landlords must give tenants a receipt for security deposits. This can be an electronic receipt if the security deposit is paid online.
- The receipt must include the owner’s name, date, and a description of the unit’s condition. The receipt must have the tenant’s signature to verify they received it. Landlords should keep a copy of the signed receipt.
Security deposits (and interest earned) must be held in a “federally insured interest-bearing account” in Illinois, meaning the deposit cannot be commingled with the landlord’s other assets.
The name and address of the bank where the security deposit is located needs to be written in the rental agreement and signed by the tenant.
If there is no rental agreement, the landlord needs to provide a receipt of the security deposit within 14 days of its payment stating the location of the deposit (name and address of the bank where it’s deposited).
If during the tenancy the security deposit is relocated to a different bank, the landlord needs to notify the tenant within 14 days of the transfer and state the name and address of the new bank.
The required interest rate is set yearly by Chicago’s City Comptroller. The current rate for 2016 is .01% and can be found online at the City of Chicago.org.

Chicago Late Fee Rule

According to the CRLTO, late fees shall not exceed $10 per month for rent under $500 plus 5% per month on the part of the rent that exceeds $500.

For example, for a $450 monthly rent price, the late fee is $10. For a $700 monthly rent price, the late fee is $10 plus 5% of $200 or $20 total.

Notice of Entry in Chicago

Chicago requires at least 48 hours for notice of entry. And reasonable times to visit are between 8am and 8pm. In the case of emergency, the notice of entry rule and reasonable hours are dismissable.

Rental Agreement Notices Specific to Chicago

In addition to the required Illinois notices, Chicago landlords are required to have the following:

Summary of Chicago Ordinance: The summary of the CRLTO must be attached to the lease. You can find the Chicago Ordinance Summary here.

Bed Bug History: Landlords must inform tenants if there is a history of bed bug infestation in their unit. Bed bug problems are required to be fixed by the landlord. The landlord only needs to report bed bug infestations for the unit the tenant is renting. A bed bug pamphlet must be attached to the rental agreement.

Security Deposit Summary: A summary of the interest rate and where the security deposit is held is required in Chicago.

Heating Cost Disclosure: Landlord must provide the cost of heating for the year, based on the previous years heating bills.

Chicago Recycling Ordinance: Chicago property owners of multi-unit residential are required to provide source-separated, single-stream recycling. You’re required to do the following:

Provide a separate blue recycling bin where all recyclable materials can be deposited
Post a sign in a common area that informs tenants of the following things:
1. What materials are required to be recycled
2. What materials are not allowed in the recycling bin
3. How to prepare materials for the recycling bin
4. The location of the recycling bin
5. The name of the private hauler that services your property and the collection schedule
6. The name and telephone number of the person at the company who is authorized to answer tenants’ questions about recycling
Attach education information (as described above) to your lease

To make this easier for you, we created a Recycling Education Pamphlet that you can edit and provide to your tenants.

Resources For Landlords and Tenants in Illinois

Disclosure Attachments

To make sure you’re following the correct laws and have access to all necessary disclosures, sign up today.

This guide does not constitute legal advice.

The post Illinois Landlord-Tenant Law appeared first on Avail.

How to Get Credit For Rent You Pay With Avail CreditBoost

Kasia Manolas — Mon, 15 Apr 2019 21:34:27 +0000

Certain bills can affect a renter’s credit score, negatively and positively. Decreases in credit score can often be attributed to balances being overdue or going into collections. However, on-time payments, specifically rent payments, can help renters build credit with features like Avail CreditBoost.

This hasn’t always been an option when renting, but states like California require landlords to allow tenants to report rent payments to credit bureaus to build their credit. Features like CreditBoost can also encourage on-time payments during the lease term, since renters can work on their credit to potentially buy a home in the future.

Keep reading to learn more about Avail CreditBoost and how it works.

How Does CreditBoost Work?

With CreditBoost, we report a tradeline to TransUnion. Depending on the scoring model of the bureau or the financial party, such as FICO2, FICO Score 9, VantageScore, etc., they may include this tradeline in their calculation of a renter’s credit score.

When rent payments are incorporated into a bureau’s credit calculation, CreditBoost has the potential to increase a renter’s credit score. The amount that it can improve a renter’s credit score will also depend on their existing credit history.

There are tangible benefits of having a higher credit score:

Qualify for more credit cards with a higher credit limit
Better interest rates on your credit cards and loans
Better mortgage interest rate if you decide to buy a home soon

How Much Will CreditBoost Impact a Renter’s Credit Score?

Credit scores are based on a variety of factors and scoring models, such as credit usage, payment history, age of accounts, and inquiries, and derogatory marks. These differ from person to person, so it’s impossible to predict how much on-time payments will influence an individual’s credit.

If you have little to no credit, CreditBoost has the potential to help build your credit lines with each new timely payment.

How Can CreditBoost Help With Homebuying?

A credit score is essentially a calculation of your payment history, including your ability to make timely payments on loans and pay back debts. If you’re borrowing money to buy a home, any lender will want to see if you’ll be able to pay them back — and your credit score is their best indicator. The higher your credit score, the more reliable you look to lenders.

That’s why any renter who is considering buying a home needs to pay close attention to their credit score, and why using CreditBoost to increase your credit score while you’re renting is a great way to start.

What Is the Landlord’s Role in Reporting These Payments?

Landlords can’t activate CreditBoost for their renters — it’s up to the renter to activate CreditBoost in their own account. Renters have complete control over turning CreditBoost on or off.

If a renter’s payment is more than 30 days late, landlords have the option to manually report the late payment. Renters are notified before their payment is 30 days late, giving them time to log in and make the payment before a landlord reports it.

How to Turn on CreditBoost as a Renter

To use CreditBoost, your landlord will need to invite you to Avail to pay rent through the platform. If they’re currently not using Avail to collect rent, you can send them an invite to join.

Once they’ve set you up as a tenant, you can turn on CreditBoost on the top of your Payments dashboard to report your rent payment to TransUnion for $3.95/per reported month.

Have questions? Visit our support page for more information on CreditBoost.

Get Started With CreditBoost

If you’re ready to start boosting your credit with your rent payments, get started with CreditBoost* in your Avail account. If you’re not an Avail landlord or renter, you can sign up here.

*CreditBoost results may vary by individual.

The post How to Get Credit For Rent You Pay With Avail CreditBoost appeared first on Avail.

Avail Provides New Listing Partners for Its DIY Landlords

Kasia Manolas — Mon, 15 Apr 2019 20:57:57 +0000

We recently partnered with several new listing partners, so Avail listings are now syndicated to more sites. This update will help landlords connect with even more qualified tenants.

Who are our new partners?

Our rental listings now syndicate across the following sites (*indicates new sites):

Zillow
Trulia
HotPads
Apartments.com
Walkscore
Lovely
PadMapper*
Zumper*
Realtor*
Doorsteps*
Apartment List

How does Avail vet their listing partners?

Avail works with listing partners who provide true value to their users:

Tenants can effectively search for rentals
Landlords can list their property and connect with qualified tenants

We don’t work with listing sites that provide a bad experience for their users, have low site traffic, or have tenants that are less qualified.

How does it work?

With Avail, you create one listing that is published across top rental sites. When we partner with more sites, it means your listing is more widely visible across the web.

When tenants find an Avail listing, they get the opportunity to apply to a property that is managed by a responsible Avail landlord. We have the most professional landlords in the industry.

The average listing on Avail provides landlords with 18 leads in the first two weeks. With our best-in-class screening reports, landlords can then easily set up showings and request applications from qualified tenants.

Does it cost anything to list a property on Avail?

It’s free to list your first property on Avail. Our pricing is tiered based on the number of units you manage with Avail. You can view our pricing here.

How do I list my property on Avail?

Here are instructions for creating a listing with Avail:

Please create an Avail account or log in to your existing account here
Add your property
Click on your “Listing” tab
Click “Build Your Listing”
Follow the step-by-step listing builder
Review your listing
Press “Publish”

Watch a video from our Help Center to learn more: How to Create an Avail Listing and Publish it Online

We also offer robust educational resources about finding tenants and listing your property online in our Complete Guide to Finding Tenants.

Have a feature idea for us? We’d love to hear from you.

The post Avail Provides New Listing Partners for Its DIY Landlords appeared first on Avail.

State of Landlords 2018

Kasia Manolas — Tue, 18 Dec 2018 19:23:20 +0000

…

The post State of Landlords 2018 appeared first on Avail.

Collect Rent the Next Day With FastPay

Kasia Manolas — Wed, 19 Sep 2018 00:25:09 +0000

Countless landlords have told us that faster payments are a must-have, so we’ve taken this feedback to heart and worked hard to build FastPay. We’re proud to provide an outstanding payment solution in terms of convenience, security, and reliability for all landlords and tenants. Avail now offers the fastest payment processing times in our industry through exclusive access to the ACH network and numerous financial institutions.

Here’s how FastPay works and what all landlords and tenants need to know about next-day payments.

What Is FastPay?

Currently, our standard rent payments take three business days to process. This is because we use the Federal Reserve’s ACH payment network, which communicates between banks overnight. But with FastPay, we’re now able to process payments as soon as the next business day.

Will Credit Card Payments Also Process Faster?

All credit card payments will process same-day, regardless of your subscription plan. As usual, credit card payments have a 3.5% processing fee, but tenants can now schedule credit card payments an entire day earlier than all ACH payments, FastPay or standard.

Here are examples to see how these compare:

Via standard ACH: Standard ACH payments take three business days to process. A payment withdrawn from the tenant’s account on Monday would be available to the landlord on Thursday.
Via FastPay: Funds that withdraw on Monday would deposit on Tuesday.
Via credit card: If a payment is withdrawn on Monday, funds would be available to the landlord Wednesday morning. Credit card payments are a great option for people who need an immediate release of funds and can’t use FastPay right away.

How Do I Get Started With FastPay?

Because FastPay is a premium feature, landlords will need to upgrade to Avail Unlimited Plus to get access to FastPay. Landlords with Unlimited Plus also get access to:

Waived ACH fees for tenants
Custom applications and leases
Ability to clone and reuse custom lease agreements
A cusom properties website for marketing

Upgrade your account to Unlimited Plus.

Once I Turn on FastPay, What Should I Expect Next?

Once you toggle FastPay on in your account, you’ll be enrolled in FastPay, but it may take a few weeks before FastPay is activated in your account. FastPay will not automatically work with every payment. In order for a payment to process with FastPay, the following criteria need to be met:

The tenant’s bank account is connected via FastAuth, meaning they logged into their bank when they added it to our site. This allows us to connect to their bank to move the funds faster.
The tenant’s connected bank account must have funds available for the payment to process successfully.
The tenant must schedule their payment before 2pm CST on the business day before the withdrawal date for a next-day deposit.

Learn more about FastPay with Avail and sign up or upgrade your account to get started today.

The post Collect Rent the Next Day With FastPay appeared first on Avail.

This Startup is Changing the Landlord Game

Kasia Manolas — Mon, 10 Sep 2018 16:48:01 +0000

For years, landlords had 2 options when it came to renting out their properties:

Hire an expensive property management company
Spend all their free time trying to do it themselves

That’s when Ryan Coon and Laurence Jankelow got the idea for Avail. They noticed that internet technology had spread to many markets, (banking, e-commerce, etc) but the rental and real estate market didn’t have the same online tech benefits. So, the pair quit their jobs, spent the next year teaching themselves how to code, and released an online platform where part-time landlords could manage all the steps of property management in one place.

Prior to Avail, landlords would use multiple listing sites to find tenants, which meant having to create the same listing again and again in order to attract the most applicants. From there, they’d have to respond to inquiries from different websites, increasing the likelihood of missing a message. Then they’d have to use printed application templates and ask potential tenants to provide a credit and background report themselves. After going through the ordeal of finding a potential tenant, they’d have to purchase a lease template to ensure that their rental agreement would include all the clauses and disclosures required for their area. And once a tenant had moved in, landlords would have to “be the bad guy” by chasing down rent checks and then run a separate errand to cash them. Avail changed all of that.Now, part-time landlords can find, screen, and keep tenants happy all from one place. With Avail, landlords can save time, money, and hassles by:

Creating one listing that is posted to the top rental sites on the web
Messaging tenant leads, set up showings, and request online applications from one dashboard
Requesting instant TransUnion credit, background, and eviction reports — with a choice of who pays
Customizing rental lease templates which are tailor-made for their local laws and regulations
Collecting security deposits, rent payments, and late fees directly to their bank account each month — with the option of automatic tenant payments as well
Handling and tracking maintenance requests and forward issues to contractors or handymen

For landlords with just one unit, all of this is completely free. While Avail isn’t a property management company, they make the entire rental process much more manageable for DIY landlords.

The post This Startup is Changing the Landlord Game appeared first on Avail.

How to Handle Tenant Turnover

Kasia Manolas — Thu, 09 Aug 2018 18:59:29 +0000

Being a DIY landlord is all about balancing risk and reward. Real estate and the businesses associated with it are investments, after all. The goal of every DIY landlord is to minimize risk and maximize reward, trying to get the highest return on investment (ROI) possible.

This process of renting a property to a tenant would be incredibly easy if every tenant decided to stay permanently, but that almost never happens, leaving you to handle tenant turnover. Turning over an apartment can be intimidating, but there are ways to make the process less stressful. Here are some key tips that can boost your confidence and get you ready to turn over your unit.

1. Complete a Move-Out Checklist With Your Current Tenant

Landlords are recommended to check the property’s condition before the tenant moves in and shortly after moving out. The reason why is because it makes it easier to track property damage or normal wear and tear that need to be addressed before a new tenant moves in.

You can do this by completing a move-out checklist either with the tenant or on your own. You can use this checklist to determine if your current tenant will be responsible for any charges, especially if you require a security deposit.

2. Send Your New Tenant a Welcome Letter

Sending your tenant a welcome letter helps establish a positive landlord-tenant relationship. It also shows you are a proactive, professional, and thoughtful landlord. Beyond offering a warm welcome and setting an optimistic tone, a welcome letter allows you to remind tenants about your rules. For example, you can reiterate when rent is due and when trash pickup occurs.

Your tenant welcome letter should include information on:

Utilities
Renters insurance
Key pick-up
Move-in day
Rent payments
Maintenance
Laundry
Parking
The neighborhood

Time is valuable to both you and your new tenant. By providing this information, you’ll help your tenant prepare for move-in day and you can save time answering questions.

3. Prepare the Unit

Create a cleaning protocol for your unit every time a tenant moves out to help you expedite the process, minimize expense, and ensure the best possible cleaning methods for your specific units. It’s also important to be consistent with your cleaning protocol so that all your rental units get the same quality of cleanliness. Plus, you can save time by not having to micromanage each step of tenant turnover.

If you plan to renovate the unit, you’ll want to schedule time for this during tenant turnover. This could be a major revision, such as changing the flooring or updating the appliances, or it could be something as simple as repainting the walls. Renovations are easier and faster when no one is living in the space.

Finally, you can change the locks and do your final checks to ensure everything functions properly. From ensuring there are no leaks or broken lights to testing all carbon monoxide and smoke detectors, this step is often last before considering the unit move-in ready. Once you have evaluated the state of the apartment and made any necessary repairs, you can return the previous tenant’s security deposit.

4. Receive the First Month’s Rent

You can finally see the light at the end of the tunnel. You’ve gone through four steps, said goodbye to your former tenant, opened a dialogue with your new tenant, established expectations, prepared the unit, and welcomed them into your community. All that remains is to collect first month’s rent and hand over the keys.

The key here is to be patient and not skip steps. It is absolutely necessary to collect first month’s rent and a security deposit before passing the keys to a new tenant. If you accept a check, but then it doesn’t clear, it may be too late and your tenant has already moved in. Keep in mind that it’s easier to stop a new tenant from moving in, rather than evicting a tenant who has already moved in.

Assuming the payment clears, provide a detailed receipt and keep thorough records. This is easy if you collect rent online and will provide peace of mind to both you and your tenants.

The difference between rent and a security deposit is a final note to remember. In some states, placing these funds in the same account is illegal. Even if your state doesn’t require this, consider separating the two payments for organizational purposes. After all, you’ll keep one and (hopefully) return the other.

5. Provide the Keys

Once you’ve gone through each step above, you’re ready to hand the keys over to your new tenant. This step should be relatively easy and painless. Congratulations!

6. Complete a Move-In Checklist with Your New Tenant

Once your new tenant moves in, it’s important to complete a move-in checklist. This step allows you and your new tenant to communicate upfront and, hopefully, avoid disputes over the property’s condition.

By allowing the new tenant to walk through their new home and make note of any pre-existing damage or inconsistencies, you give them peace-of-mind that they are protecting themselves in the long run. In a sense, you are establishing trust. They have the chance to note any problems with the unit, which relieves them of responsibility for those problems, while you receive a helpful list of pre-existing issues.

Once your tenant has performed their move-in checklist, and you’ve had a chance to look it over, you can establish a move-in date. Make sure to give yourself enough time to fix serious problems and prepare the unit before they move in.

Manage Your Rentals With Avail

Being a do-it-yourself landlord is all about balancing risk and reward. It’s easiest to do this if you’re prepared ahead of time. Be thoughtful and thorough before you find yourself in a difficult position. Keep in mind that every landlord’s rental business is different.

To help you save time and money as a landlord, leverage Avail landlord software. Create an account to market your rental property, screen prospective tenants, access lawyer-written lease templates, and more.

The post How to Handle Tenant Turnover appeared first on Avail.

Avail Offers New Tenant Welcome Package

Kasia Manolas — Tue, 31 Jul 2018 06:00:08 +0000

With Avail, landlords can now purchase and send a WelcomeKit to their tenants on move-in day. Inside the WelcomeKit, your tenants will find the essentials that are often forgotten on move-in day, such as paper towels and toilet paper. That way, your tenants have everything they need and feel instantly at home.

In this article, we’ll explain:

What’s in a WelcomeKit
Why send a WelcomeKit
How to purchase a WelcomeKit
How much it costs

What’s in a WelcomeKit?

Here’s what your tenants will find inside:

Paper towels
Toilet paper
Dish soap
Trash bags
Sponges
Disinfecting wipes
Candy

In addition to providing important products, it’s also helpful to send a customized tenant welcome letter. This is an easy part of the process with Avail. In our letter, we include templated text that you can customize for details such as:

How to pay rent
How to report maintenance issues
Laundry room and storage collection info
Instructions for filling out a move-in checklist
Parking info
When the trash is collected
Neighborhood guidance
Your contact info

Included in the WelcomeKit are instructions for your tenants on how to complete important steps in their Avail accounts, such as setting up Autopay for online rent payments, or communicating with you about maintenance issues.

Why should I send a tenant welcome package?

We’re excited to offer this new feature because landlords and tenants both benefit from it:

Start your landlord-tenant relationship on the right foot

We advocate for landlords to do the right thing and treat their tenants like customers. Your rental property is your business, after all. The first step to achieving this is setting the right precedent, and as the landlord, this is up to you.

Sending a welcome package shows you’re a caring and responsible landlord, which encourages your tenants to come to you for things such as maintenance issues. They’ll appreciate the gesture, realize you’re an actual human, too, and treat you accordingly.

Encourage your tenants to take care of the property

As soon as your tenants move in, they’ll want to take ownership of their new home by cleaning and putting their belongings away. The package includes essentials to keep their new home clean, which tenants can begin using immediately. This sets the behavior of maintaining a nice, orderly home.

Provide helpful info

Moving is a stressful process, which means tenants will be forgetful. You can help by providing the info they need right away, so things like rent payments are never forgotten.

Provide info for your tenants about Avail

If you’re an Avail landlord, then you already know that tenants love our app. To make sure every tenant feels comfortable with our product, we like to share helpful tips for getting started, which is why we include instructions inside the WelcomeKit. Tenants will find tips on scheduling rent payments, setting up Autopay, and creating a maintenance ticket.

How can I purchase a WelcomeKit?

Here’s how to purchase a WelcomeKit and send it to your tenants:

Sign in to your Avail account
Click on your property on the left side of the screen
Navigate to your “Leases” tab
Select the lease you want to send a WelcomeKit to and there will be a section to the right of your lease document
Confirm delivery date, address, and customize your welcome letter

You can also purchase a WelcomeKit when you sign a lease. The process is swift and easy. If you have any questions, please contact our Support team.

How much does it cost?

A WelcomeKit costs $39.95, including shipping and handling.

Next Steps

We highly encourage our landlords to make it a tradition and send a WelcomeKit to every new tenant they welcome to their property. It makes a difference for your tenants and your business.

If you’re not already an Avail landlord, learn how we can help you today:

Create one rental listing that is syndicated across the web
Request rental applications and tenant screening reports
Sign state-specific rental leases
Collect rent
Manage maintenance

Get started today.

The post Avail Offers New Tenant Welcome Package appeared first on Avail.

Avail as a Castle Alternative

Kasia Manolas — Wed, 07 Feb 2018 19:59:44 +0000

Earlier this week, Castle announced they are closing their doors. The company will officially close on February 9th, 2018. Many landlords and tenants relied on the platform to manage their rentals online. But we have great news- there’s a better alternative for landlords and tenants looking to manage their rental experience online.

How We Can Help

At Avail, we provide software that makes it easy for landlords to manage every step of the rental process. If you previously managed your property with Castle, then you’ve come to the right place because we can help you list your property, screen tenants, sign an online lease, collect rent, and more–all online.

Here’s an overview of our product:

Rental Listings

Our online rental listings allow you to create one listing that is automatically posted across top rental sites, including Zillow, Trulia, HotPads, Apartments.com, and more. You’ll have more people viewing your listing, which means you can find higher quality tenants.

Rental Applications

We gather information about a tenant’s residence, employment, and criminal history. Tenants can upload income verification so you know they can afford your rent price. And you’ll never have to worry about how to make the right decision because we provide first-class advice on how to review rental applications and how to screen tenants.

Tenant Credit Reports and Background Checks

Our tenant credit and background checks help you screen prospective tenants so you can find tenants who pay rent on time and take care of your property. All you have to do is request the report, your tenant authorizes you, and as soon as you’ve been granted authorization, you’ll receive the report. You can easily compare tenants’ reports side-by-side so you can choose the best candidate.

Rental Lease Agreements

Once you’ve found the right tenant, our online rental leases make it easy for you and your tenant to sign a lease. Our digital signatures are fully enforceable. Instead of printing, faxing and emailing your lease, you can manage it online in less time. What’s more, our online lease templates are state-specific so you’re always complying with local laws. You can save your customized lease and re-use it for years to come.

Online Rent Collection

If you’ve been collecting rent with Castle, then you know how convenient online rent collection is for landlords and tenants. Luckily, you can still collect rent online with Avail.

We offer more features that make online rent collection even better. Tenants can set up auto pay, so they never have to do extra work to pay rent each month. We send reminder emails and rent receipts. This eliminates work for landlords, while increasing that chances that rent is paid on time and accurately recorded over time. It’s a win-win!

Manage Maintenance

You can manage maintenance all from inside your account. Receive requests, communicate with your tenants, and resolve issues without back-and-forth communication. We provide the right services that will help you repair the problem your maintenance issue. You and your tenants can even upload photos to provide updates.

Our Promise

At Avail, we’re improving the rental experience through end-to-end tools and education. If you have any questions along the way, we provide excellent customer support available seven days a week. You can reach us at support@avail.co or call us at 312-508-3786 if you have questions.

Learn more about how we compare to Castle.

The post Avail as a Castle Alternative appeared first on Avail.

What to Know About Emotional Support Animals and Renting

Kasia Manolas — Fri, 02 Feb 2018 20:51:53 +0000

Can you deny a tenant who has a service animal? How about a tenant with an emotional support animal? We’ve included what landlords can and can’t ask about these animals, so you run your rental business properly. First, let’s distinguish between service animals, emotional support animals, and therapy animals:

Service Animals: The Americans with Disabilities Act (ADA) defines service dogs as any guide dog, signal dog, or other animals that are trained to provide assistance to an individual with a disability.
Emotional Support Animals: An emotional support animal (ESA) is a pet that provides disability-relieving emotional support to an individual, but is not necessarily trained to do so. Emotional support animals are not required to undergo specialized training and their primary role is to provide their disabled owners with emotional comfort.
Therapy Animals: A therapy animal is a pet that has been trained to interact with many people (other than its handler) to make those people feel better.

In this article, we share everything landlords should know about an emotional support animal and renting.

Can an Apartment Deny an Emotional Support Animal?

The Federal Fair Housing Act (FHA) bans discrimination in housing practices on the basis of race, color, religion, sex, national origin, familial status, and disability. The Act prohibits housing providers from discriminating against tenants because of their disability or the disability of anyone associated with them and from treating persons with disabilities less favorably than others because of the disability. The FHA requires landlords to make reasonable accommodations in rules, policies, practices, or services when such accommodations give tenants equal opportunity to use and enjoy a dwelling.

As it applies to service animals for disabled residents, FHA states any person with a mental or physical disability cannot be turned away from housing with their service animal or emotional support animal. This includes buildings and apartments that normally do not allow pets. Landlords and apartment managers are required to make a “reasonable accommodation” for both service and emotional support animals.

How Is Disability Defined?

According to the ADA, an individual with a disability is any person who has a physical or mental impairment that substantially limits one or more major life activities (such as seeing, reading, or walking), a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

Physical or mental impairment may include, but is not limited to conditions such as:

Visual or hearing impairment
Mobility impairment
HIV infection
Intellectual disability
Drug addiction (except current illegal use of or addiction to drugs)
Mental illness

Emotional Support Animals vs. Service Animals: Whats the Difference?

Although emotional support animals and service animals have the same responsibilities, they do have their differences.

Service Animals

Service dogs are not considered pets. Like all assistance dogs, a psychiatric service dog is individually trained to do work or perform tasks that mitigate their handler’s disability associated with a psychological disability such as Post-Traumatic Stress Syndrome (PTSD).

The ADA requires three things for a dog to be a service dog:

The person helped must have a life-limiting disability. This can be physical or mental.
The dog must be trained to recognize and respond to the handler’s disability by doing either work or tasks.
The dog must not cause a disruption in public. Service dogs must be both housebroken and leashed (except when the dog needs to be off-leash to provide disability-related work or tasks).

If a dog’s service status is not obvious, a business cannot ask about a person’s disability or require work or task performance or documentation of any kind, but may ask only two questions to figure out whether the dog is a service dog:

Is the dog a service animal required because of a disability?
What work or task has the dog been trained to perform?

Service animals are not technically pets; therefore, disabled owners do not have to pay pet fees. Property owners can charge a security deposit and may still seek money from the tenant if there is any damage caused by the animal to the home. If there is a nuisance issue, the landlord does have the right to try to remove the assistance animal through legal proceedings.

Emotional Support Animals

An emotional support animal (ESA) is a pet that provides disability-relieving emotional support to an individual but is not necessarily trained to do so. Emotional support animals are not required to undergo specialized training and their primary role is to provide their disabled owners with emotional comfort. A regular pet can be an emotional support dog if a mental health provider writes a letter saying that the owner has a mental health condition or disability and needs the dog’s help for his or her emotional support.

While the ADA does not grant owners of emotional support animals the right to be accompanied by these animals in establishments that do not permit pets, the HUD’s Fair Housing Act does allow for disabled owners of emotional support animals to reside in housing that has a “No Pets” policy, as a reasonable accommodation.

Under FHA, a landlord has the right to ask for proper documentation for an emotional support animal to prove the owner is in need of an emotional support animal. This document is in the form of an Emotional Support Assistance letter from a mental health professional, which includes licensed therapists, psychologists, and psychiatrists. In addition, the documented letter must be signed and printed using the mental health professional’s official letterhead.

When it comes to having an ESA, there are very specific rules and regulations set in place by the Fair Housing Act. Under the Fair Housing Act, a landlord or property owner is not allowed to:

Make a tenant pay any extra rent or deposit for having an Emotional Support Animal
Cannot ask a tenant about their disability
Cannot require the tenant to register their Emotional Support Animal
Require the animal to have any specific training
Refuse to house the tenant because their insurance does not cover ESAs

Reasonable accommodation, however, can be denied if it imposes an undue financial or administrative burden on the housing provider. Tenants may also be denied housing if the Emotional Support Animal is extremely large, such as a horse or llama.

When a housing provider refuses a requested accommodation because it is not reasonable, the landlord should discuss with the tenant whether there is an alternative accommodation that would effectively address the tenant’s disability-related needs without imposing an undue financial and administrative burden.

Therapy Animals

Unlike a service dog, a therapy dog is a pet that has been trained to interact with many people other than its handler to make those people feel better. Therapy dogs are also trained to behave safely around all sorts of people and are often certified.

Therapy dog owners don’t have the same public access rights as service dog owners. This is because the owner of a therapy dog doesn’t have a disability that the dog is individually trained to mitigate. A therapy dog may visit hospitals or provide comfort following a natural disaster or catastrophic event with prior agreement (differing from service animal laws).

Therapy dogs also receive extensive training but have a completely different type of job from service dogs. Their responsibilities are to provide psychological or physiological therapy to individuals other than their handlers who are usually their owners. These dogs have stable temperaments and friendly, easy-going personalities. Unlike service dogs, therapy dogs are encouraged to socialize and interact with a variety of people while they’re on duty.

A therapy dog alone is not considered protected under the Americans with Disability Act (ADA) or Fair Housing Act (FHA). In this instance, the dog does not provide a disability service or function for the owner. However, if the therapy dog also serves as an emotional support dog for the owner, they are protected from housing discrimination under the Fair Housing Act.

Breed Restrictions

Under both ADA and FHA, there are no breed restrictions. If a disabled individual has an emotional support or service dog that the landlord prohibits (pitbull, rottweiler, husky), they must still accommodate that tenant and their service dog regardless of dog breed.

Manage Your Rental Property With Avail

At Avail, we’re building a community of responsible DIY landlords and tenants by providing them with education, end-to-end tools, and customer service to support them in their rental experience. Whether landlords need to screen tenants or create a lease agreement, Avail can help make renting easier for both landlords and their tenants. Create an account today to get started.

The post What to Know About Emotional Support Animals and Renting appeared first on Avail.