East Bakersfield residents want help to get apartments repaired

East Bakersfield residents want help to get apartments repaired

By Carol Ferguson

Some east Bakersfield residents say there are serious problems with their apartments, and they're fighting to get them fixed. The tenants living in a complex in the 300 block of Monterey Street called the Eyewitness News Tip-line asking for help.

The problems came to a head on August 22nd when the water was turned off to all five units. Eyewitness News went out to see the situation on that day. We also called the property-owner, and we've been in continuous contact with Bakersfield Code Enforcement.

The water did get turned back on that day, but code officers inspected the units and gave the landlord time to make repairs. But, as of two weeks later, the problems still aren't fixed.

Ignacio Guiterrez has a small baby, and says the air conditioner still isn't working. "It doesn't even get cold at all, it just blows hot air," he told Eyewitness News.

In Robinisha Smith's small apartment, doors are broken and there are water leaks in the bathroom.

Bakersfield Code Enforcement Supervisor Terry Buss says his inspectors issued notices to the property owner to fix a variety of problems. The landlord was told to fix things like replacing wall-plates on electrical outlets, electrical wiring problems and installing smoke detectors.

Buss says after Eyewitness News called this week asking for an update, he reached the property-owner by phone. Buss says the landlord said he can't make repairs because the residents haven't paid rent.

On the first day of our investigation, Eyewitness News also reached the property-owner by phone. Ruben Sanchez lives out of town, and said the tenants in four units had not paid rent for four months.

But, residents disputed that. Some had hand-written receipts showing they had paid for the month of July. The receipts were signed by a man they thought was the new manager for the complex.

But, tenant Cynthia Olvera says she did not pay for August because she wanted the problems fixed. "He didn't to meet us half-way. He wants rent, rent, rent -- but he doesn't want to do any repairs," says Olvera.

In Olvera's apartment, there's a soft spot in the living room floor and holes in the fixtures around the bathtub.

Buss described most of the problems at the complex as minor, but says residents can take action to get repairs made. Buss says tenants can send what's called a "demand letter" to a property-owner.

"They give the owner a reasonable time to make the repairs, and then if he fails to make the repairs -- then they've fulfilled their responsibility and then they can have the repairs made. And from I've been told, they can deduct it from the rent."

To find out more about demand letters, Eyewitness News checked with Greater Bakersfield Legal Aid. Attorney Carol Bracy says tenants can send a letter asking for repairs to be made. Bracy says it's important for renters to put this in writing and to keep a copy. She also says tenants must give the landlord a reasonable time to make the demanded repairs.

Bracy says if the repairs are not made, tenants can get someone to fix the problem -- and then deduct that cost from their next month's rent. But, the attorney says that cost can not be more than one month's rent, and tenants can only do this twice a year.

Greater Bakersfield Legal Aid says tenants can also get good information from the California Bureau of Consumer Affairs website. Look for the "Tenant Landlord Handbook."

Olvera says she still hasn't heard back from the landlord on her demands for repairs, and she says none of the problems have been fixed. Code officer Terry Buss says when he talked to the landlord on Wednesday, Sanchez said he planned to be here this week-end to make the repairs.

When Eyewitness News called Sanchez' number Thursday, the man who answered said Sanchez was in Mexico.

Buss says some of the dispute may also be confusion between the landlord and tenants on who they were supposed to pay rent to. The tenants say the landlord did change managers.

Code Enforcement will be back at the complex on Monday, September 8th to re-inspect the complex.

Buss hopes all the problems can be resolved. "They should know who the owner is, and who they're supposed to pay their rent to. So, this is something that the owner and tenants are going to have to clarify."
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