Skip to content
CAMAudit.io
CAM Audit SoftwareLease Audit SoftwarePricing
Log inScan My Lease
  1. Home
  2. /Case Studies
  3. /Walgreens Houston Heights TX: controllable expense cap breach case study
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

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.

Dispute letter draft 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.

Related Resources

Detection guideControllable expense cap guide

Frequently Asked Questions

Free scan · No account required

Check your own CAM statement against the lease

Upload your lease and reconciliation. CAMAudit applies the same rule set used in this public-record case study. Most audits complete in under 15 minutes.

Find My OverchargesSee a sample report first

Public-record note

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

Need to extract lease terms before your audit?

A CAM audit is only as accurate as your lease data. lextract.io extracts 126 structured fields from any commercial lease PDF: CAM definitions, pro-rata share, caps, base year, and audit rights. So you have the exact terms your landlord is supposed to follow.

Go to lextract.io
CAMAudit.io

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

Product

  • CAM Audit Software
  • Lease Audit Software
  • CAM Reconciliation Software
  • Scan My Lease
  • Pricing
  • How It Works

Learn

  • CAM Charges Guide
  • CAM Reconciliation Guide
  • What Is a CAM Audit?
  • Resources Hub
  • NNN Fundamentals
  • Overcharge Detection
  • Lease Language
  • Dispute & Recovery
  • Glossary

Explore

  • Industry Guides
  • CAM Audit by State
  • Case Studies
  • Comparisons
  • Lease Types
  • Tenant Types
  • CAM Line Items
  • Free Tools

Company

  • About
  • Contact
  • Partners
  • Privacy
  • Terms
  • Disclaimer

Related Tools

  • Lextract: Lease Abstraction (opens in new tab)
  • CapVeri: CRE FinOps (opens in new tab)

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.

© 2026 CAMAudit. All rights reserved.

Scan My Lease