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Caps & Limits

Uncontrollable Expenses

Last updated: May 2026

Operating expenses outside the landlord's management control, typically taxes, insurance, and utilities, that are excluded from CAM cap limitations and can be passed through in full regardless of annual increase amount.

Firm impact

Uncontrollable expenses are the uncapped bucket. In periods of rising insurance or tax costs, they can escalate sharply. Firms that help clients negotiate individual caps on uncontrollable categories (a separate insurance cap, for example) add preventive value alongside the audit service.

How this gets abused

Property insurance premiums jumped 35% after a regional storm season. The landlord passed through the full increase as an uncontrollable expense with no cap. Tenants received a $15,000 surprise true-up despite having a 5% CAM cap, because insurance was excluded.

Practitioner note

Some leases limit the uncontrollable carve-out to specific named line items. When a lease restricts the uncontrollable category this way, an expense that does not appear on the named list cannot escape the cap regardless of how the landlord classifies it.

Related terms

CAM CapControllable ExpensesReal Estate TaxInsurance Reconciliation

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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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