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Gross-Up

Last updated: May 2026

A lease mechanism that adjusts variable operating expenses upward to reflect what they would have been if the building were fully occupied (typically 95%). Gross-ups are designed to ensure each tenant pays their true share of common costs.

Firm impact

Gross-up violations are math-intensive and hard to catch without tooling. The firm that can quickly verify which expenses qualify for gross-up (variable only) versus which don't (fixed: insurance, taxes, management fees) can produce a defensible finding most tenants review committees have never seen.

How this gets abused

A landlord grosses up insurance premiums, a fixed expense that does not vary with occupancy. At 70% occupancy, the landlord inflates the $200,000 insurance bill to $285,714. Tenants pay 43% more than the actual insurance cost with no contractual basis.

Practitioner note

Always pull the gross-up clause and request the landlord's expense categorization (variable vs. fixed) before running the math. The most common violation is applying the gross-up factor to the entire operating expense pool rather than only to variable expense categories.

Related terms

Base YearOperating ExpensesPro-Rata ShareGross-Up Factor

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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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