Is it worth going to court for this?

[hosterc]

Help in Dallas, Texas:

Our new apartment management company (as of June 1st) just discovered that our hot water heater has been supplying hot water to both our unit and our neighbors since before we moved in - July 2000. While they are willing to fix the problem, they won't take responsibility for the previous management company having done this.

What makes this really interesting is that the person in the other apartment (as of July 1999) is an employee of the previous management company and has stated that she knew about this when it was done. When we called the old management company to discuss some form of general settlement about this they just laughed at us and hung up.

We have had some abnormally (for an apartment) high electric bills, but I don't know if there is any real way to show just how much they would owe us. Do we have any room to ask for some form of punitive damages, or is the $200-300 that they might owe us not enough to justify going to court.

Any advice?

Thanks in advance,
Chet

 

[JETX]

Considering the full complexities of the issues, it just doesn't seem worth the pursuit for a few hundred dollars.

Generally, here are some issues you would have to PROVE in court:
1) Water usage per unit
2) Hot water percentages per month per unit
3) Cost per gallon of hot water used.
4) Net cost of 'damages' (gals used by other apartment times cost per gallon).
5) Expert testimony as to pipes being routed incorrectly and how the routing effects per unit utility billings.
6) Possible malice or negligence for allowing fraudulent utility use.

And a lot of others that I just flat can't think of at this time.

And all without any assurance of success.