Case Study: CAM Cap Violation Discovered Three Years After Signing
The CAM cap was in the lease on day one. The tenant negotiated it, their attorney reviewed it, and it was executed and binding. For three years, the landlord ignored it — and the tenant never checked.
By the time a Texas boutique retailer ran their reconciliation statements through CAMAudit, the compounding had turned three annual violations into a $31,941 overcharge.
The Scenario
The tenant operated a boutique retail shop in a Texas strip mall. The lease: 7-year NNN, signed in 2022. Their space: 2,100 square feet. The CAM cap provision was a hard-won concession — a 5% compounding annual cap on controllable CAM expense increases, with a base year of 2022.
Base year CAM: $38.00 per square foot
Under a 5% compounding cap, the maximum allowed CAM charge for each subsequent year follows a clear formula:
- Year 1 maximum = $38.00 × 1.05 = $39.90 PSF
- Year 2 maximum = $39.90 × 1.05 = $41.90 PSF
- Year 3 maximum = $41.90 × 1.05 = $43.99 PSF
This is not complicated math. It's the math the landlord agreed to in writing.
What Triggered the Audit
Three years into the lease, the tenant's CAM costs had risen sharply each year — fast enough that a friend who'd gone through a similar situation suggested they look at whether a cap applied. She pulled out her lease, found the CAM cap provision, and did a quick calculation on the back of a notepad.
The numbers were off. She uploaded everything to CAMAudit to get the exact figures.
What CAMAudit Found
Rule 6 — CAM Cap Violation — ran the compounding calculation against the lease terms and the three years of billed amounts.
The landlord had billed the following:
| Year | Amount Billed (PSF) | Cap Maximum (PSF) | Overage (PSF) |
|---|---|---|---|
| 2023 (Year 1) | $42.00 | $39.90 | $2.10 |
| 2024 (Year 2) | $47.00 | $41.90 | $5.10 |
| 2025 (Year 3) | $52.00 | $43.99 | $8.01 |
The overages weren't accidents. They followed the pattern of a landlord who was escalating CAM at their preferred rate without accounting for the cap at all.
40% of CAM reconciliations contain material errors (Tango Analytics/PredictAP, 2023)
The Math
Total overcharge calculation:
($2.10 + $5.10 + $8.01) × 2,100 sq ft = $31,941
Broken down by year:
| Year | Sq Ft | Overage PSF | Annual Overcharge |
|---|---|---|---|
| 2023 | 2,100 | $2.10 | $4,410 |
| 2024 | 2,100 | $5.10 | $10,710 |
| 2025 | 2,100 | $8.01 | $16,821 |
| Total | $31,941 |
The Year 3 overcharge alone — $16,821 — was nearly four times the Year 1 overcharge. That's the nature of compounding violations. Each year the landlord ignores the cap, the spread between the allowable amount and the billed amount widens. A tenant who waits four years to audit will find a much larger Year 4 overcharge than a Year 1 tenant would have found.
For a deeper look at how cap violations compound, see CAM cap violations explained.
"CAM cap violations are uniquely painful because the cap is usually a provision the tenant fought for. They negotiated it, they signed it, and then they never verified it was being honored. Our Rule 6 runs the compounding formula against the lease terms automatically — that's the only way to catch this without doing the math yourself every year." — Angel Campa, Founder of CAMAudit
The Landlord's Initial Position
The dispute letter cited the specific CAM cap clause, the compounding formula, and the three-year calculation showing the overage. The landlord's property manager responded that their calculation was correct.
Their counter-argument: they had applied a cap, just not the compounding cap. They claimed the lease allowed either a simple or compounding calculation, and they had used simple.
The lease said "5% compounding annually." There was no alternative calculation method in the document. The tenant's attorney confirmed the language was unambiguous.
The landlord held their position for approximately three weeks. Then they accepted the calculation.
The Resolution
After the landlord reviewed the dispute letter draft with the full formula cited — including the year-by-year cap maximum tied to the specific lease section — they agreed to the overcharge amount.
The $31,941 was applied as a credit across the tenant's next four quarterly CAM billing cycles, approximately $7,985 per quarter. The parties also executed an amendment confirming that future CAM calculations would apply the compounding cap formula.
The credit represented three full years of compounding violations — entirely recoverable because the audit rights clause allowed a 3-year lookback and the request was filed within that window.
Key Takeaway
A CAM cap in your lease is only valuable if you verify it's being applied. Most tenants never check. The landlord's reconciliation statement doesn't typically show the cap calculation — it shows what was billed. You have to do the cap math yourself, or use a tool that does it automatically.
Two things to do right now if your lease has a CAM cap:
- Calculate what the cap allows for the current year. Take your base year CAM per square foot, multiply by (1 + cap percentage) for each year since the base year. That number is the ceiling. If your billed amount exceeds it, you have a violation.
- Check whether the cap is simple or compounding. Simple caps apply the same percentage increase over the base year each year. Compounding caps stack — 5% on top of 5% on top of 5%. These produce very different numbers by Year 3. Know which one your lease specifies.
If you're in a triple-net lease and have a CAM cap, check it. The cap is there for a reason — because CAM charges can rise faster than the underlying costs justify. Enforce it.
Related Reading
- CAM cap violations explained — how simple vs. compounding caps work and where landlords go wrong
- How to write a CAM dispute letter — presenting a multi-year cap violation calculation effectively
- CAM reconciliation mistakes in 2026 — cap violations are among the most recoverable errors when caught within the audit window
Frequently Asked Questions
What's the difference between a simple CAM cap and a compounding CAM cap?
A simple CAM cap limits the annual increase to a fixed percentage of the base year amount every year. A 5% simple cap on a $38 PSF base means the maximum is $40 in Year 1, $40 in Year 2, $40 in Year 3 — the ceiling doesn't move. A compounding cap applies the percentage to the prior year's capped amount, so it grows: $39.90 in Year 1, $41.90 in Year 2, $43.99 in Year 3. Compounding caps cost more over time but are more generous than a simple cap for landlords. Know which type your lease specifies — they produce materially different numbers by Year 3 or 4.
Does the CAM cap apply to all CAM line items or just some?
Usually just controllable expenses. Most CAM cap provisions in commercial leases exclude uncontrollable expenses from the cap — things like property taxes, insurance premiums, and utilities, where the landlord can argue the cost is driven by third parties. Controllable expenses are the ones the landlord actually manages: janitorial, landscaping, maintenance labor, management fees, common area utilities. Your lease's cap section should specify what's included and what's excluded. CAMAudit's Rule 6 parses the applicable scope from your lease language.
What if I have a CAM cap but it has a "catch-up" provision?
Some leases include catch-up or rollover language that allows the landlord to recapture unused cap space in future years. For example, if actual CAM costs only rose 2% in Year 1 (against a 5% cap), a catch-up clause might allow the landlord to apply the unused 3% in Year 2. This can significantly reduce the practical protection of a cap. If your lease has catch-up language, factor it into your cap calculation before disputing a violation — CAMAudit's cap analysis will flag this if the provision is present in your uploaded lease.