Tenant Representation

Commercial Lease & CAM Audit in South Florida

Justin Crow · Mattis AdvisorsTenant RepresentationSouth Florida

In a triple net lease, you pay your share of the building's taxes, insurance, and common area maintenance (CAM) on top of base rent — and those pass-throughs are where overcharges hide. A lease and CAM audit checks what you were actually billed against what your lease allows. For many South Florida tenants, it's found money.

Why CAM is where the leaks are

Base rent is fixed and easy to check. CAM is variable, broad, and reconciled once a year in a statement most tenants never scrutinize. That's exactly why errors and aggressive billing accumulate there.

What an audit looks for

The process

We start by reading your lease to confirm your audit rights and what's includable, then request and review the landlord's reconciliation and backup, flag discrepancies, and pursue credits or refunds for what was overbilled. Strong audit-rights language makes this far easier — which is also why we negotiate it into leases up front.

Worth it

If you occupy meaningful square footage on an NNN lease, an audit frequently pays for itself many times over — and it sets a precedent that keeps future reconciliations honest.

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The median South Florida commercial building was built in 1982

That single fact explains most of what goes wrong in a CAM reconciliation, so it is worth sitting with before anything else.

From my record of every commercial parcel with a building on it across Broward, Miami-Dade and Palm Beach — 76,096 buildings with a recorded construction year — the median was built in 1982. Nearly two thirds predate 1990. Barely one in eighteen has gone up since 2015.

BuiltBuildingsShare of stock
Before 199048,75064.1%
Before 200054,98172.3%
2015 or later4,2935.6%

Tri-county commercial parcels with a structure and a recorded year built, August 2026. n = 76,096.

A building in its forties is at the exact point in its life where the roof, the chillers, the parking lot, the elevator and the electrical service all come due at once. Every one of those is a capital expense. Under most leases, capital replacements are the landlord's cost, recoverable only as an amortized amount over the useful life of the item, if at all.

What lands in the reconciliation is often a different story. A $180,000 roof replacement appears as "roof repairs and maintenance" and gets billed to the tenants in a single year. The building is old, the work is real, and the invoice exists — which is why nobody questions it. The question is not whether the money was spent. It is whether your lease says you pay for it.

This is the single most common finding in the reconciliations I look at, and it is almost never fraud. It is a property manager coding an invoice quickly in a building where the distinction was never enforced.

What the reconciliation is supposed to prove

Once a year your landlord sends a statement reconciling what you paid in estimated operating expenses against what the building actually spent, and bills or credits the difference. Most tenants read the bottom line and write the cheque.

The statement is an assertion, not evidence. It asserts that the expenses listed were incurred, that they are the kind of expense your lease permits to be passed through, and that your share of them was calculated the way your lease says. All three of those can be wrong independently, and the third is wrong more often than people expect.

Your pro-rata share is a fraction. The numerator is your rentable square footage; the denominator is the building's. Both move. Space gets remeasured. A landlord adds rentable area that was previously common. A vacant floor drops out of the denominator, which quietly raises everyone else's share unless the lease has a gross-up provision. None of that is visible from a one-page statement, and all of it changes what you owe.

Where the money usually is

Capital dressed as maintenance

The one described above, and typically the largest by dollar value. Roof, HVAC replacement, parking lot resurfacing, elevator modernization, exterior painting on a cycle. The test is whether the work extends the useful life of a building system or merely maintains it. If your lease permits amortization, the correct treatment is your share of the annual amortized amount over the item's life — not the whole invoice in one year.

Administrative and management fees stacked on each other

Many leases cap the management fee at a percentage of gross receipts or of operating expenses. It is common to find a management fee and a separate administrative fee doing the same job, or a fee calculated on a base that includes items your lease excludes. Fees on fees is a real category.

Expenses from outside your building

In a multi-building park under one ownership, costs get allocated across the portfolio. Landscaping for a building you cannot see, security for a lot you do not use, a shared management office. Some of that is legitimately shared and some of it is allocation drift.

Insurance and taxes without the underlying bill

Florida insurance has moved sharply enough that this line now carries real weight, and a large increase is entirely plausible on its face. That is precisely why it is worth seeing the actual policy declaration and the actual tax bill rather than a figure on a statement. On the tax side, a successful assessment appeal by the landlord should flow through to you; it does not always.

Base-year contamination

In a base-year lease you pay increases over a benchmark year. If the base year was artificially low — the building was half empty, or a large expense category was not yet running — every subsequent year overstates your increase. This one compounds, so it is worth catching early in a term rather than late.

Your right to look, and the clock on it

Most commercial leases contain an audit or inspection right, and most tenants have never read it. It is worth finding yours today rather than when you need it, because it almost always carries a deadline.

Typical provisions give you somewhere between 30 and 180 days from receipt of the reconciliation to object or to request records. Miss the window and the statement is generally deemed accepted, whatever it contained. I have seen a five-figure overcharge become uncollectable because the tenant spent four months deciding whether it was worth the trouble.

Watch for three restrictions drafted into the clause itself. Some leases bar you from using an auditor paid on contingency. Some require you to pay the disputed amount first and seek a refund after. Some limit you to reviewing a single year rather than the term. All three are negotiable at lease signing and at renewal, and none of them are negotiable once you are in a dispute — which is a good reason to raise them during a renewal negotiation, when the landlord wants something from you.

When an audit is worth doing

Honesty about scale matters here, because a review costs time and I would rather tell you not to bother than take on something that cannot pay for itself.

The math is simple. Operating expenses in South Florida commonly run somewhere in the range of $6 to $14 per square foot depending on asset type, building age and structure. On 3,000 square feet, a 10% error is a few thousand dollars — real money, and usually worth an hour of reading, not a formal audit. On 25,000 square feet in a multi-tenant office building with a decades-old mechanical plant, the same error rate is a different conversation entirely, and the correction usually repeats every year afterwards because the treatment gets fixed going forward.

The strongest candidates share a profile: a triple-net or base-year structure, more than about 10,000 square feet, a building old enough to be replacing systems, a reconciliation that jumped without explanation, or a landlord who has recently changed. If two or more of those describe you, it is worth a look.

The weakest candidate is a small suite in a gross lease where you pay a flat number and the landlord absorbs the operating costs. There is nothing to reconcile. If that is you, the money is in the renewal rate, not in the expense line.

How I approach it, and what I am not

I start with your lease, not with the statement. The lease decides what is permissible; the statement only tells you what was billed. Reading them in the other order is how people end up arguing about invoices that were always going to be chargeable.

From there it is the reconciliation itself, the prior two or three years for the trend, the pro-rata calculation and the denominator behind it, and then supporting documentation for anything that moved sharply or looks structural rather than operational. Where something is wrong, the goal is a credit and a corrected treatment going forward, which is usually worth more than the one-year recovery.

I am a broker, not an accountant, an attorney or a certified auditor. What I do is a commercial review by someone who reads these leases for a living and knows what is market in these buildings. If the numbers warrant a formal forensic audit or a legal claim, I will tell you and help you engage the right person — and if I think you should leave it alone, I will tell you that too.

The other thing worth saying plainly: raising this well does not have to damage the relationship. Most landlords correct a genuine miscoding without drama when it is raised as a question rather than an accusation. Handling it that way is part of the job, particularly if you intend to stay in the building.

Common questions about CAM and lease audits

What is a CAM audit?

It is a review of the annual reconciliation your landlord sends for common area maintenance and other operating expenses, checked against what your lease actually permits them to charge and against your correct pro-rata share. The purpose is to confirm that the expenses are chargeable under your document, that the supporting costs were genuinely incurred, and that the arithmetic allocating them to you is right.

How long do I have to dispute a CAM reconciliation?

Whatever your lease says, and that is usually between 30 and 180 days from receipt. After the window closes the statement is generally deemed accepted regardless of what it contained. Find the audit or inspection clause in your lease now rather than when a statement surprises you, because the deadline is the part that most often costs tenants the recovery.

Can my landlord charge me for a new roof through CAM?

Usually not as a single-year expense. A roof replacement extends the useful life of a building system, which makes it a capital item rather than maintenance. Where a lease permits capital costs to be passed through at all, the standard treatment is your share of the amount amortized over the item's useful life. Since 64% of tri-county commercial buildings predate 1990, major systems are reaching replacement age across the market, and this is the most common item worth questioning.

Will auditing my CAM charges damage my relationship with my landlord?

It does not need to. Most discrepancies are coding errors rather than anything deliberate, and most landlords correct them without a fight when the question is raised professionally and with the lease language in hand. Tenants who intend to stay in the building are usually best served by raising it as part of a renewal conversation rather than as a standalone dispute.

Is a lease audit worth it for a small space?

Often not as a formal exercise. Operating expenses commonly run about $6 to $14 per square foot, so on a few thousand square feet even a meaningful percentage error is a modest sum. It becomes worthwhile above roughly 10,000 square feet, in a triple-net or base-year structure, or in an older building replacing major systems — particularly because a corrected treatment repeats every year afterwards.

What documents do you need to review my charges?

The lease including all amendments, the current year's reconciliation statement, and ideally the prior two years so the trend is visible. If something looks structural rather than operational, the next step is requesting supporting documentation for that specific line, which your audit clause normally entitles you to.

How do I know if I'm overpaying on CAM?

Warning signs include CAM that jumps sharply year over year, charges with no itemization, capital expenses appearing in operating costs, and a reconciliation you've never actually reviewed line by line. An audit is the way to find out.

What overcharges are most common?

Capital expenditures and major repairs billed as routine CAM, management fees above market or above the lease cap, gross-up calculations applied incorrectly, costs for other tenants' spaces, and a pro-rata share based on the wrong square footage.

How far back can I audit?

It depends on the audit-rights language in your lease — many leases allow review of the prior reconciliation period, sometimes more. We start by reading your lease to confirm your rights before requesting records.

Justin Crow, commercial real estate broker, Mattis Advisors
Justin Crow
Commercial Broker · Tenant, Buyer & Seller Representation · Mattis Advisors, Boca Raton

I represent tenants across Broward, Miami-Dade and Palm Beach counties — never a landlord across the table from a tenant. The building-age figures on this page come from my own record of 76,096 tri-county commercial structures. Send me your lease and your latest reconciliation and I will tell you whether there is anything worth chasing.

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