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Depreciation

Last updated: May 2026

An accounting method that spreads the cost of a long-lived asset over its useful life. Depreciation is almost universally excluded from commercial lease CAM definitions. Tenants pay for actual expenses, not accounting allocations.

Firm impact

Including depreciation in the operating expense pool means tenants pay for the theoretical decline in asset value rather than actual maintenance and operating costs. Leases almost always exclude it explicitly. When it appears in the pool, it is typically a direct and uncontested violation.

How this gets abused

A landlord included $450,000 of building depreciation in the annual operating expense pool. Tenants paid a pro-rata share of this non-cash accounting entry. The lease explicitly excluded 'depreciation.' The inclusion was a direct violation with no factual defense.

Practitioner note

Review the CAM pool for line items described as 'depreciation,' 'D&A,' or 'amortized assets.' Also check for unusually large maintenance charges on assets not recently replaced. These may be depreciation disguised as maintenance expenses.

Related terms

Capital ExpenditureAmortizationOperating Expenses

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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.

CAMAudit is a document analysis platform, not a law firm, and nothing on this site constitutes legal advice. Consult a licensed real estate attorney before initiating any dispute or legal proceeding.

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