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Vacancy Factor

Last updated: May 2026

The percentage of a building's total leasable area that is vacant during the reconciliation period. The vacancy factor affects the gross-up calculation and, when misapplied, can inflate the CAM pool or each tenant's allocated share.

Firm impact

The vacancy factor is the input variable that drives gross-up calculations. When a landlord uses an understated occupancy figure (overstating vacancy), the gross-up factor increases and so does each tenant's bill. Verifying the actual occupancy percentage against the rent roll is a direct audit step.

How this gets abused

A landlord reported 60% occupancy to justify a 1.58 gross-up factor, when the actual rent roll showed 78% occupancy during the reconciliation year. The inflated gross-up factor added $67,000 to the variable expense pool across all tenants.

Practitioner note

Request the rent roll or occupancy certificates for the full reconciliation year. Compare the actual occupied SF percentage against the occupancy figure used in the gross-up calculation. Even small discrepancies in the occupancy rate generate large dollar differences.

Related terms

Gross-UpGross-Up FactorPro-Rata ShareOperating 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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