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Texas controllable-cap miscalculation and capital-expenditure inclusion are the dispute lever for Houston, Dallas-Fort Worth, and Austin commercial product. The recoveries are large because the cap compounds annually.
Cite Tex. Civ. Prac. & Rem. Code § 16.051 and the controllable-cap and exclusion clauses from your lease. The dispute letter should show the compounding-base correction year-by-year and identify each excluded line item still in CAM.
Texas courts apply a strong four-corners doctrine. What is in the lease binds, what is not, does not. If the lease excludes capital expenditures, the exclusion is enforced as written.
Houston, DFW, and Austin tenants — generate the dispute letter draft. The compounding-cap and exclusion corrections together usually produce the largest single recovery in the country outside of Manhattan and Cambridge.
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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.