Housing Advocacy Council of Monterey County

This site is sponsored by:

Frequently Asked Questions

Q:  What can your agency do for me?

A:  It depends.  If you are moving into a rental unit 1) our Security Deposit Guarantee Program can help you pay your security deposit in 12 monthly installments without interest or 2) our Emergency Rent Payment Program can help by paying up to $900 of one month’s rent.  If you are already in a unit and experiencing an emergency that is preventing you from paying this month’s rent, we can pay up to $900 toward this month’s rent, again through our Emergency Rent Payment Program.  Our Community Education Program can help if you would like to be more educated on financial literacy, tenant rights and responsibilities, and becoming a homebuyer.  Also, it is useful if you need some information about or a referral for other available housing services, we can arrange that.

Q:  How do I apply for the Security Deposit Guarantee Program?

A:  First, you must find a rental unit  Second, your landlord must agree to participate in the program and signs the coupon on the back of the Security Deposit Guarantee Program brochure.  Third, call 831-424-9186 to schedule an interview.  Last, complete an application/interview process.  Make sure to bring income verification (pay stubs, AFDC or SSI grant letters, etc.), the name and number of your former landlord, the completed brochure, and a $5 Application Fee.

click here for application information

Q:  How do I apply for the Emergency Rent Payment Program?

A:  First, families facing an eviction must obtain a 3-day notice from their landlord.  Families who are homeless must locate a rental unit.  Second, call 831-424-9186 to schedule an interview.  Third, complete an application.  Last, you must participate in budgeting & money management training.

click here for application information

Q:  It’s been two months since I moved out of my apartment and my landlord has still not returned my security deposit.  What can I do?

A:  According to California state law, 21 days after the tenant has left the rental unit the landlord is required to either a) refund your entire security deposit if there is no damage to the unit or b) mail an itemized receipt of necessary repairs and the remainder of the security deposit.  If the landlord does not comply with this law, the tenant is entitled to a full refund of their security deposit even if the rental unit was damaged.

Q:  I have been renting this apartment for 7 years for $600 a month.  Yesterday I received a letter from my landlord stating that my rent will be $1000 next month.  Is this legal?

A:  It depends if the tenant has a month-to-month rental agreement or a lease.  If the tenant is renting month-to-month, the tenant must be notified of the rent increase 30 days in advance for a 10% increase or less, and 60 days in advance for more than a 10% increase.  If the tenant has a lease, the landlord cannot increase the rent until the lease is up for renewal.

Q:  If I get an eviction notice because I have not paid my rent on time, does that mean the sheriff will physically remove me from the rental property three days later?

A:  No!  If you remain in the rental unit after your three days are up this means that a court process will begin and your landlord will serve you with an unlawful detainer.  You then have five days to go to the courthouse and file a written response to this unlawful detainer.  These cases have a quick turn-around rate and a judge will usually hear the case 20 days after the tenant has filed a written response to the unlawful detainer.  If the judge rules in the landlord’s favor, the court will then issue a writ of possession and five days later the tenant may be removed from the rental unit by the sheriff.

Q:  What happens to my belongings after the sheriff kicks me out of my rental unit?

A:  When the sheriff removes you from the rental unit you can either take your belongings with you or leave them in the rental unit.  If you leave your belongings in the rental unit you will most likely have to pay the landlord a storage fee.  If your property is still in the rental unit 18 days after you have been removed from the rental unit your landlord can sell, throw away, or keep your belongings. 

Q:  I have been living in my apartment for 2 years and am getting ready to move.  My landlord says that he will need to take money out of my security deposit to pay for the carpet to be replaced.  There is no damage to the carpet.  Is this legal?

A:  Unless there is a clause specifically written into the lease you signed stating that you will replace the carpet after two years, a tenant’s security deposit cannot be used to pay for “normal wear and tear,” no matter how many years the tenant has lived in the rental unit.

Q:  Who can I call to get a copy of my credit report?

A:  Experian 1-888-EXPERIAN, Equifax 1-800-685-1111, or TransUnion 1-800-916-8800

Also, beginning January 1, 2005 all 3 credit agencies must give you one free credit report.  Just write or call them and ask for it.

Q:  How much does a credit report cost?

A:  If you use one of the agencies mentioned above it typically costs between $8-10.  Landlords tend to charge $35.

Q:  How long does good credit stay on a credit report?  How about bad credit?

A:  Good credit remains on your report for 10 years.  Bad credit for 7 years.

Q:  Who can I call if I have questions about my credit or credit report?

A:  Consumer Credit Counseling, 800-540-2227.

Q:  How are you funded?

A:  We are funded by the government, foundations, community donations, and the United Way of Monterey County.