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Math-Based Rule

Estimated Payment True-Up Error: How CAMAudit Detects This Overcharge

If your landlord's year-end reconciliation 'Balance Due' is higher than the difference between your actual CAM share and what you paid in monthly estimates, you're being overcharged. For a tenant paying $3,000/month in estimates, even a $3,200 arithmetic error on a single true-up is money that was never owed.

Definition

Estimated Payment True-Up Error

An estimated payment true-up error occurs when the year-end reconciliation balance billed by the landlord exceeds the mathematically correct true-up amount. The correct true-up is the difference between the tenant's actual share of building operating expenses (actual total × pro-rata %) and the cumulative monthly estimates the tenant already paid throughout the year. Any amount billed above that difference, net of tolerance, is an overcharge.

Key Takeaway

The true-up is an arithmetic calculation with one correct answer. Actual tenant share minus estimates already paid equals the balance due. Any deviation beyond a rounding tolerance is a billing error.

How CAMAudit Detects This

CAMAudit extracts the landlord's billed true-up amount from the reconciliation statement, specifically the line labeled 'Balance Due,' 'Year-End Adjustment,' or similar.

The tool then calculates the expected true-up using the building total operating expenses from the statement, the tenant pro-rata share from the lease, and the cumulative monthly estimates the tenant paid throughout the year.

If the billed true-up exceeds the expected true-up by more than the tolerance (the greater of $50 or 0.5% of the tenant share of actual expenses), Rule 18 fires and reports the overcharge amount.

Real-World Example

Charleston County, SC government leases office space managed by Thalhimer as property management agent. Public A/P records show the county wired a $41,283.76 CAM reconciliation payment in March 2019. In the fixture scenario: building total operating expenses of $412,837.60, tenant at 10% pro-rata share, actual tenant share of $41,283.76, monthly estimates paid of $3,000 times 12 equals $36,000. Correct true-up: $5,283.76. Landlord billed: $8,500.00. CAMAudit flagged the $3,216.24 overcharge.

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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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