When an audit finds overcharges, you have options: negotiate a credit, demand a refund, or escalate to formal dispute. Here's the process and what actually works.
TL;DR: Finding overcharges is only half the work. The other half is recovering them. Documented disputes with specific lease citations resolve 60-80% of the time. Generic complaints almost never do. Here is the process, step by step.
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Find My OverchargesSee a sample report first“I built CAMAudit because finding the error is only the beginning. The tool generates a documented audit report so tenants walk into the negotiation with the specific provision, the calculation, and the dollar amount already laid out. That's what gets landlords to engage.”
Most tenants who discover a CAM overcharge aren't sure what to do next. Send an email? Call the property manager? Wait until the next reconciliation? The answer depends on the type of error, the size of the overcharge, and what your lease actually says about disputes. This guide covers the full process from the moment you have findings in hand through resolution, including what to do if the landlord refuses.
This step saves tenants from disputes that go sideways early. Before putting anything in writing to your landlord, confirm each finding against your lease.
Your audit report will flag the discrepancy and cite the issue. Your job is to match every flagged item to a specific lease provision. If the management fee is capped at 4% and the landlord charged 5%, you should be able to point to the exact section in your lease that sets the 4% cap. If a capital expenditure appeared in the CAM pool, find the lease language that excludes it.
This matters for two reasons. First, some leases have unusual provisions that make an apparent overcharge defensible. A management fee calculated on gross revenues instead of operating expenses sounds wrong, but if the lease defines it that way, the landlord may be technically correct. Second, when you send your dispute letter draft, each point needs to cite a specific provision. General claims ("you overcharged us on management fees") are far weaker than specific ones ("the management fee of 5.2% of operating expenses exceeds the 4% cap in Section 6.3(b)").
The audit output gives you flagged items and calculations. What it cannot do is read your specific lease language. That part is on you.
Pull out the original lease and every amendment. Look up each flagged provision. For a management fee issue, check: What is the cap? Is it expressed as a percentage of operating expenses, gross revenues, or something else? Does the lease define what counts as a management fee? For a gross-up violation, what occupancy threshold triggers the gross-up? Is it 95% occupied, 90%, something else?
If you are using CAMAudit, the report will cite the specific rule that was triggered. Your job is to cross-reference the rule with your lease language to confirm the finding applies to your specific situation. This takes 30-60 minutes but prevents disputes that fall apart on a technicality.
The reconciliation statement your landlord sent is a summary. The general ledger is the detail. To fully support a dispute, you need to know exactly what amounts went into the CAM pool, how they were categorized, and whether any improper items are present.
Send a formal written request for the general ledger, invoices, and any allocation schedules. Most leases grant audit rights that require the landlord to provide these records within a specified period (commonly 30-60 days of a written request).
Keep a copy of this request with the date sent and proof of delivery. If the landlord fails to provide records within the lease-required window, that is a separate breach you can document.
This is the document that turns an audit finding into a formal dispute. A well-constructed dispute letter draft has three components.
The legal foundation: Cite the specific lease provision, section number, and the exact language that was violated. Do not paraphrase. Quote directly.
The calculation: Show the math. What did the landlord charge? What does the lease allow? What is the difference? If a management fee is capped at 4% and the landlord charged $48,000 on an operating expense pool of $800,000, that is a 6% rate against a 4% cap. The overcharge is $16,000 for that year.
The relief requested: State clearly what you want: a credit against the next CAM payment, a refund check, or a correction to the methodology going forward. Including a response deadline (30 days is standard) makes the letter more actionable and starts the clock on landlord inaction.
CAMAudit generates dispute letter drafts directly from audit findings, so the calculation is already embedded in the letter rather than attached as a separate exhibit.
Most commercial landlords have a standard process for CAM disputes. The property management company receives the letter, logs it, and assigns it to a CAM accounting staff member for review. The review typically involves pulling the ledger, checking the tenant's lease provisions, and comparing the tenant's calculation to their own.
If the property management company finds the tenant's calculation credible, they will escalate to the property owner for a settlement decision. If they believe their calculation is correct, they will draft a response disputing the tenant's position, usually with their own calculation or a different lease interpretation.
This review process takes most landlords 30-45 days for a straightforward dispute and up to 90 days for a complex one. Size matters: a $3,000 dispute on a small office lease moves faster than a $55,000 dispute on a multi-year NNN lease.
When the landlord engages, you are in negotiation. A few things to know:
Credit vs. check. Most landlords prefer to resolve overcharges as credits against future CAM payments rather than writing a check. If you have 2 or more years remaining on your lease, a credit is acceptable. If you are within 6 months of expiration, push for a check or a credit against the final reconciliation.
Partial vs. full settlement. It is common for landlords to concede some items and dispute others. A partial settlement that resolves your strongest, best-documented findings is often worth taking rather than prolonging the dispute over contested items. The exception: if the overcharge is structural (the same error will repeat every year), getting the methodology corrected is worth the negotiation time, even if it delays final resolution.
Get everything in writing. A property manager's verbal commitment during a phone call is not a settlement. Follow every conversation with a written email confirming what was discussed and agreed. When a final settlement is reached, get a written agreement that specifies the credit amount, the year(s) covered, and confirmation that the calculation methodology will be corrected going forward if applicable.
Refusal comes in two forms: outright rejection of your claim, or silence that goes past the deadline you set.
Outright rejection. If the landlord disputes your calculation or lease interpretation, respond specifically. Engage with their position rather than simply repeating your demand. If their argument has merit, acknowledge it and see whether a partial resolution makes sense. If their position is wrong, counter with additional documentation.
Continued silence or escalation. If direct negotiation fails, you have three main options:
Formally invoke your audit rights. Most commercial leases have an audit rights provision that allows you to hire an auditor and inspect landlord records. Invoking this right changes the dynamic because now you are looking at the full books, not just what the landlord chose to show you.
Engage a commercial real estate attorney. A formal attorney notice carries more weight than a tenant letter, especially for larger claims. Attorney fees are worth it for overcharges above $10,000.
Formal dispute resolution. Many leases specify mediation before litigation. If your lease has a dispute resolution provision, follow it. Courts give less deference to tenants who skip the contractually required process.
One thing you should not do: withhold base rent while a CAM dispute is pending. In virtually all US commercial leases, the obligation to pay base rent is independent of CAM disputes. Withholding rent while remaining in possession exposes you to eviction regardless of the merits of your overcharge claim. Keep paying. Document the dispute formally. Pursue the overcharge through the appropriate channel.
Disputes backed by specific calculations and exact lease citations get results. The research on commercial lease disputes consistently points to the same pattern: when landlords receive a formal dispute with documentation, 60-80% result in some credit or correction. Generic complaints, emails saying "I think our CAM is too high," and vague follow-ups rarely produce anything.
The three most common reasons disputes fail:
For documentation on how to structure the dispute letter itself, see the CAM Dispute Letter Guide. For the full audit methodology that generates your findings, see the CAM Audit Methodology and the Commercial Lease Audit Guide.
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