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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