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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.

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  1. Home
  2. /Glossary
  3. /Absorption Rate

Absorption Rate

Last updated: April 2026

The rate at which available commercial space is leased in a specific market over a given period. Absorption rate affects CAM because in buildings with slow absorption (high vacancy), the landlord may attempt to spread CAM costs over fewer tenants or apply gross-up provisions more aggressively.

Technical Definition

Absorption rate measures the net change in occupied space over a defined period, typically expressed in square feet per quarter or per year. Positive absorption means more space was leased than vacated; negative absorption means vacancy increased. For CAM purposes, low absorption in a building increases each remaining tenant's share of fixed operating costs unless the lease contains a gross-up clause. Landlords in slow-absorption markets may be more aggressive about CAM pass-throughs to offset declining rental income.

How This Gets Abused

A building experienced 40% vacancy due to slow absorption. The landlord did not gross up variable expenses as required by the lease, instead passing the full actual cost to the four remaining tenants. Each tenant's share of variable expenses was nearly double what it would have been at full occupancy.

Tenant Protection Tip

Monitor your building's occupancy rate. If vacancy is rising, verify that your landlord is applying the gross-up provision in your lease correctly. Without gross-up, you may be subsidizing the cost of maintaining vacant space. If your lease has no gross-up clause, your CAM exposure increases as tenants leave.

Related Terms

Vacancy FactorGross-UpGross Leasable AreaPro-Rata Share
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Related Resources

Detection RuleGross-Up Violation DetectionCalculatorCAM Gross-Up CalculatorToolFree CAM Scan

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.

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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.

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