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Forensic CAM audit software for commercial tenants. Find the money you're owed.

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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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  4. /My Landlord Is Grossing Up at 40% Occupancy
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My Landlord Is Grossing Up at 40% Occupancy

Gross-up provisions allow landlords to normalize variable operating costs as if the building were 95% occupied. When a building is at 40% occupancy, the gross-up can inflate your CAM bill by 2x or more.

TL;DR

Gross-up disputes require proving the adjustment exceeds what the lease authorizes. If your lease says 95% occupancy but the building is at 40%, the math strongly favors you.

Who this is for

Tenants receiving CAM reconciliations where the landlord is applying gross-up adjustments during periods of low building occupancy (under 80%).

Who this is not for

Tenants whose lease has no gross-up provision, or where occupancy is above 90% and gross-up adjustments are minimal.

What CAMAudit Checks in This Scenario

Rule 5

Gross-Up Violation

CAMAudit's Rule 5 verifies the gross-up percentage, which expenses are subject to gross-up, and whether the calculation methodology matches your lease.

Rule 3

Management Fee Overcharge

Management fees should not be grossed up. They are a percentage-based fee that already scales with gross revenues, not a variable occupancy-driven cost.

What to Do Next

  1. 1Request the gross-up calculation worksheet from your landlord. They should provide the actual occupancy rate and which expenses were adjusted.
  2. 2Identify which expenses were subject to gross-up by reviewing the reconciliation line items.
  3. 3Verify gross-up was not applied to fixed costs: taxes, insurance, management fees, capital items.
  4. 4Run CAMAudit Rule 5 (Gross-Up Violation) to calculate the overcharge based on actual vs. allowed gross-up.
  5. 5Calculate the multi-year impact. If occupancy has been low for 3+ years, the cumulative overcharge can be substantial.
  6. 6Issue a dispute letter draft citing the gross-up clause in your lease and the unauthorized application of the adjustment.
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Next Best Step

Choose your next move

Scenario pages should bridge from diagnosis into the dispute path and audit proof.

What is a CAM audit?

Use the audit process if you still need to validate the billing error.

See the CAM dispute guide

Use the dispute playbook if the issue is already active.

Start Free Audit

Run the free audit once you are ready to quantify the overcharge.

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Relevant Tenant Types

OfficeMedical OfficeData Center

Related Scenarios

My CAM reconciliation just went up 30% or more year over yearMy landlord is charging me for roof replacement in CAMMy management fee exceeds the cap in my leaseMy pro-rata share calculation doesn't match my lease termsAn anchor tenant left and my CAM charges spiked

Related Resources

ResourcesCAM Overcharge Detection GuidesToolsFree CAM Audit ToolsResourcesLease Types and CAM StructuresGlossaryCAM Glossary

Frequently asked questions

This page provides general educational information. It is not legal advice and may not reflect the most current law in your state. Consult a licensed attorney for advice specific to your situation.