Do I have a Small Claims Court case? (Page, Pima: apartments, lease)

[azhiker]

Water metering system recently failed at a bunch of apartments in my complex.

The management company decided to go to a system based on square footage and number of occupants rather than reading the meters.

Problem is, the first month, they did *not* consider number of occupants, and just did an average considering square footage. Seeing as I live by myself, my water usage is much less than a unit with 3 occupants and it resulted in an increase of approximately $20 for water.

I called Comptrol (they do utility billing) and inquired about it. Talked to two of their people, and they both said that only square footage was used, not number of occupants.

I relayed this info to person in charge of apartments in this region for the management company, asking if they'd be refunding me the difference between what I typically paid (my water usage varied very little over a period of a year and a half), and what they charged me not considering number of occupants.

The contact person first failed to return my calls for two consecutive days, then only returned an email when I wrote all the info out on their 'Contact Us' web page. When she did contact me, she said they were going to go to a system based on both square footage and number of occupants.

I pointed out to her that that would be fine going forward, but that last month they did *not* consider number of occupants, and it resulted in my water bill jumping by approximately $20 (Obviously, a unit with 3 occupants will use far more water than I do living by myself). I asked if they'd be crediting my account for the $20. She said they would not.

Now, obviously, $20 is not a big deal, but just as a matter of principle, when I point out the flaw in their calculation, they should acknowledge their error and credit me the 20 bucks, in my view.

Just on principle, I feel like taking them to small claims court to get the 20 bucks back.

I have bills for, like, the last 8 months or so indicating that my water usage is consistent (and therefore the costs were consistent).

I feel like they're screwing me (with their flawed method of calculating, which failed to consider number of occupants) because their metering system failed (btw, mine was one of the meters that was functioning properly).

Anybody feel like I have a solid claim, or much ado about nothing. Really, it's more about the principle of them thinking they can screw me than the money. You'd think if they valued their residents good will, they'd simply issue the credit, particularly as their method of calculation was clearly wrong.

-- The irascible hiker

[ZonyPony]

Originally Posted by azhiker

Water metering system recently failed at a bunch of apartments in my complex.

The management company decided to go to a system based on square footage and number of occupants rather than reading the meters.

Problem is, the first month, they did *not* consider number of occupants, and just did an average considering square footage. Seeing as I live by myself, my water usage is much less than a unit with 3 occupants and it resulted in an increase of approximately $20 for water.

I called Comptrol (they do utility billing) and inquired about it. Talked to two of their people, and they both said that only square footage was used, not number of occupants.

I relayed this info to person in charge of apartments in this region for the management company, asking if they'd be refunding me the difference between what I typically paid (my water usage varied very little over a period of a year and a half), and what they charged me not considering number of occupants.

The contact person first failed to return my calls for two consecutive days, then only returned an email when I wrote all the info out on their 'Contact Us' web page. When she did contact me, she said they were going to go to a system based on both square footage and number of occupants.

I pointed out to her that that would be fine going forward, but that last month they did *not* consider number of occupants, and it resulted in my water bill jumping by approximately $20 (Obviously, a unit with 3 occupants will use far more water than I do living by myself). I asked if they'd be crediting my account for the $20. She said they would not.

Now, obviously, $20 is not a big deal, but just as a matter of principle, when I point out the flaw in their calculation, they should acknowledge their error and credit me the 20 bucks, in my view.

Just on principle, I feel like taking them to small claims court to get the 20 bucks back.

I have bills for, like, the last 8 months or so indicating that my water usage is consistent (and therefore the costs were consistent).

I feel like they're screwing me (with their flawed method of calculating, which failed to consider number of occupants) because their metering system failed (btw, mine was one of the meters that was functioning properly).

Anybody feel like I have a solid claim, or much ado about nothing. Really, it's more about the principle of them thinking they can screw me than the money. You'd think if they valued their residents good will, they'd simply issue the credit, particularly as their method of calculation was clearly wrong.

-- The irascible hiker

Yep! Definitely agree that your needs were not considered in their so-called calculations. Not a very tenant-friendly way of doing things at all, especially since it was their metering system which failed in the first place.

Sounds like they failed to consider all of the ramifications before just plowing ahead with their square footage method. If it were me, I'd certainly see if I could file this at small claims - indeed, just for the principle of the thing! They don't seem to be willing to listen to your concerns.

[azhiker]

Originally Posted by ZonyPony

Yep! Definitely agree that your needs were not considered in their so-called calculations. Not a very tenant-friendly way of doing things at all, especially since it was their metering system which failed in the first place.

Sounds like they failed to consider all of the ramifications before just plowing ahead with their square footage method. If it were me, I'd certainly see if I could file this at small claims - indeed, just for the principle of the thing! They don't seem to be willing to listen to your concerns.

Thanks, ZP. That's the way I see it too. Truly, the effort involved in going through small claims is worth more than the measly $20, but like I said, seems more the principle. Some of these big companies can be so callous.

[ZonyPony]

Originally Posted by azhiker

Thanks, ZP. That's the way I see it too. Truly, the effort involved in going through small claims is worth more than the measly $20, but like I said, seems more the principle. Some of these big companies can be so callous.

Yeah... unfortunately, these corporate biggies need to continually be reminded that the "little guy" does matter. I believe even Judge Judy would be on your side, Hike!

[Spot]

Originally Posted by azhiker

Water metering system recently failed at a bunch of apartments in my complex.

The management company decided to go to a system based on square footage and number of occupants rather than reading the meters.

Problem is, the first month, they did *not* consider number of occupants, and just did an average considering square footage. Seeing as I live by myself, my water usage is much less than a unit with 3 occupants and it resulted in an increase of approximately $20 for water.

I called Comptrol (they do utility billing) and inquired about it. Talked to two of their people, and they both said that only square footage was used, not number of occupants.

I relayed this info to person in charge of apartments in this region for the management company, asking if they'd be refunding me the difference between what I typically paid (my water usage varied very little over a period of a year and a half), and what they charged me not considering number of occupants.

The contact person first failed to return my calls for two consecutive days, then only returned an email when I wrote all the info out on their 'Contact Us' web page. When she did contact me, she said they were going to go to a system based on both square footage and number of occupants.

I pointed out to her that that would be fine going forward, but that last month they did *not* consider number of occupants, and it resulted in my water bill jumping by approximately $20 (Obviously, a unit with 3 occupants will use far more water than I do living by myself). I asked if they'd be crediting my account for the $20. She said they would not.

Now, obviously, $20 is not a big deal, but just as a matter of principle, when I point out the flaw in their calculation, they should acknowledge their error and credit me the 20 bucks, in my view.

Just on principle, I feel like taking them to small claims court to get the 20 bucks back.

I have bills for, like, the last 8 months or so indicating that my water usage is consistent (and therefore the costs were consistent).

I feel like they're screwing me (with their flawed method of calculating, which failed to consider number of occupants) because their metering system failed (btw, mine was one of the meters that was functioning properly).

Anybody feel like I have a solid claim, or much ado about nothing. Really, it's more about the principle of them thinking they can screw me than the money. You'd think if they valued their residents good will, they'd simply issue the credit, particularly as their method of calculation was clearly wrong.

-- The irascible hiker

It's up to you. The fees to file are likely to be greater than $20. You might lose money on the deal. Here is the link to Pima County Small Claims Court. Good luck.

Small Claims Info

[sierraAZ]

I don't know if you have a case, but I'm pretty sure your time and sanity are worth more than 20 bucks! Yes, I understand "the principle of it" deal, but usually trying to prove it causes more irritation than it's worth.

[Grannysroost]

There have to be more people in the complex in the same situation as you, with the sq footage and 1 person....is there some kind of joint thing that could be done...I don't see how they can go by that if 1 person in one unit and 3 or 4 in another...doesn't even begin to compute....

[Bummer]

GO FOR IT, AzHiker!

Granted it is a minor pain in the butt for such a small amount, as soon as you file and the papers are served, I bet the Management Company will offer a settlement including reimbursement for your time and expenses. The last thing they want is the expense of a court appearance . . . especially a court appearance that smells of likely failure.

One question . . . whatever happened to basic logic and common sense? Since it was their system that failed, why didn't they simply "average" your bills over the last year and bill accordingly until repairs are completed?

[azhiker]

Originally Posted by Bummer

GO FOR IT, AzHiker!

Granted it is a minor pain in the butt for such a small amount, as soon as you file and the papers are served, I bet the Management Company will offer a settlement including reimbursement for your time and expenses. The last thing they want is the expense of a court appearance . . . especially a court appearance that smells of likely failure.

One question . . . whatever happened to basic logic and common sense? Since it was their system that failed, why didn't they simply "average" your bills over the last year and bill accordingly until repairs are completed?

Exactly the way I see it too, Bummer. Once they get served papers, they'll likely quickly settle.

I told them the exact same thing about averaging what my bills were for the last year. Didn't vary much at all. At most a two dollar difference.

As to me losing any money on it, that'd only happen if the judge did not rule in my favor. If I win, losing party must pay my court fees (something like $33), plus whatever the judgement is for.

Anyway, thanks for all the feedback, all.

[Sssunfish]

they were always in control of the water. If they read the meters instead of the water company, they were most likely paying the entire bill up front and then billing out to the tenants. I'd check my lease very carefully in regard to the water issue. My lease states they are within their rights to increase fees if water or taxes increase. Would you rather pay $20 for water or have them increase your overall rent to cover the difference. Either way when you don't own a property, you have no real recourse other than to move.

I owned a one bedroom condo and was charged the same monthly maintenance fees as a two bedroom condo. I didn't think it was fair as my exterior maintenance was not as large as that of a two bedroom. Answer was it takes x amount of dollars to maintain the complex. You either pay one way or another.