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Public-record case study

Walgreens Houston Heights TX: controllable expense cap breach case study

A public-record retail CAM case study showing $84,400 in controllable expense cap overcharges: landlord billed $1,010,000 against a $925,600 cap (4% over prior year $890,000).

Walgreen Co.2021 statementNNN leaseRetail

Apparent overcharge

$84,400

Findings

1

High confidence

$84,400

Source

Harris County TX District Court, Case #2022-68941
Controllable total billed: $1,010,000.
Prior year: $890,000. Cap maximum: $925,600.
Overcharge: $84,400.

What happened

Walgreens' Houston Heights lease caps annual controllable expense growth at 4%. Prior year controllable expenses (CAM, maintenance, security, management fee) were $890,000, capping 2021 at $925,600. The reconciliation billed $1,010,000 in controllable items, which is 13.5% above prior year, nearly 3.5 times the allowed rate.

Findings from the pipeline

Rule 8: Controllable Expense Cap Overcharge

high confidence

$84,400

Controllable expenses of $1,010,000.00 exceed the 4.0% cap. Max allowed: $925,600.00 (prior year $890,000.00).

Lease evidence

Controllable Expenses shall not increase by more than four percent (4%) per calendar year over the prior year's actual Controllable Expenses. Section 8.4.

Section 8.4, page 14

Math proof

prior_controllable=890000.00, cap_rate=0.04, max_allowed=925600.00, controllable_total=1010000.00, overcharge=84400.00

Lease evidence

  • 4% annual NON_CUMULATIVE controllable expense cap (Section 8.4).
  • Controllable = CAM + maintenance + management fee (utilities excluded).

Why this matters for your firm

Controllable expense caps differ from overall CAM caps because they exclude non-controllable items (taxes, insurance, utilities). Landlords sometimes apply the cap only to the overall CAM total while letting controllable items balloon uncapped. The result is that the cap provides less protection than the tenant negotiated.

Correction package excerpt

Request for Cooperative Review of Certain Line Items. The automated review flagged a controllable expense cap breach of $84,400.00 : billed controllable expenses of $1,010,000 exceed the 4% cap of $925,600.

Detection guide

Controllable expense cap guide

Frequently Asked Questions

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Public-record note

This page summarizes public-record documents and CAMAudit output for educational and marketing purposes. It does not imply endorsement by Walgreen Co. or any third party. Readers should review the underlying lease, statement, and dispute timeline for their own facts.

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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.

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