Glossary
Legal & Compliance
Self-Help Remedy
Whether a tenant may withhold or offset a disputed CAM amount from rent while a dispute is pending. Most commercial leases bar this remedy outright.
Firm impact
Flag this risk before a client considers withholding rent on their own. An unauthorized self-help remedy can trigger a default under the lease, no matter how strong the underlying overcharge claim is.
How this gets abused
A frustrated client starts deducting the disputed cap-violation amount from monthly rent right after your firm's audit produces findings. The lease bars self-help remedies. The landlord issues a default notice citing the withholding, and the CAM dispute gets sidelined.
Practitioner note
Confirm whether the lease permits withholding or offset, which is rare, before a client acts on their own. Advise pursuing the dispute letter draft and counsel-directed remedies instead of unilateral withholding.
Related terms
FAQ
Questions about self-help remedy
Can a tenant just stop paying the disputed CAM amount?
Almost never, unless the lease specifically allows it. Withholding rent without that right can trigger a default, even when the underlying overcharge claim is solid.
What should a client do instead of withholding rent?
Pursue the dispute letter draft and formal lease remedies first. If the landlord doesn't respond, involve counsel before considering any unilateral action.
You know the term. Now check the math.
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