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Recovery of past CAM overcharges depends on your specific lease terms, including any audit rights deadlines or ‘binding and conclusive’ provisions, and on applicable state law.

State statute of limitations periods apply to written contracts and range from 3 to 10 years. Your actual lookback window may be shorter based on your lease.

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  3. /Amortization

Amortization

Last updated: April 2026

The spreading of a large capital cost over its useful life, recognizing the expense in installments rather than all at once. In CAM, some leases permit landlords to amortize capital expenditures and pass the annual amortized portion through to tenants.

Technical Definition

If a lease allows amortized CapEx in CAM, the annual pass-through equals the total project cost divided by the asset's useful life. The amortization rate, interest (if any), and project scope should be disclosed. Tenants should not pay amortization beyond their remaining lease term.

How This Gets Abused

A landlord amortized a $500,000 parking lot resurfacing over 5 years (unrealistically short useful life). The 25-year useful life should have yielded $79,000/year; the accelerated schedule produced $100,000/year - overcharging tenants $80,000/year.

Tenant Protection Tip

If your lease allows amortized CapEx, require that the useful life match standard accounting schedules (IRS or GAAP). Request the landlord's amortization schedule for any capital project included in CAM.

Related Terms

Capital ExpenditureReserve FundUseful Life
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Related Resources

Detection RuleCommon Area Misclassification DetectionCalculatorCAM Overcharge EstimatorToolFree CAM Scan

Need to extract lease terms before your audit?

A CAM audit is only as accurate as your lease data. lextract.io extracts 126 structured fields from any commercial lease PDF: CAM definitions, pro-rata share, caps, base year, and audit rights. So you have the exact terms your landlord is supposed to follow.

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This page provides general educational information. It is not legal advice and may not reflect the most current law in your state. Consult a licensed attorney for advice specific to your situation.

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