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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. /After-Hours HVAC Charges

After-Hours HVAC Charges

Last updated: April 2026

Fees billed to tenants who request heating or cooling outside the building's standard operating hours. After-hours HVAC is typically billed per hour at a rate set in the lease or building rules, and it can add thousands of dollars annually for tenants with non-standard schedules.

Technical Definition

After-hours HVAC refers to the supplemental operation of heating, ventilation, and air conditioning systems beyond the landlord's published building standard hours (commonly 8 AM to 6 PM weekdays). The charge covers additional energy consumption, equipment wear, and labor to activate zone-specific units. Lease language should specify the hourly rate, minimum request increments, advance notice requirements, and whether rates are subject to annual adjustment.

How This Gets Abused

A landlord billed a tenant $185 per hour for after-hours cooling but the actual utility cost was $38 per hour. The markup was buried in a building rules addendum that the tenant never reviewed. Over two years, the tenant overpaid by more than $22,000.

Tenant Protection Tip

Request a breakdown of how your landlord calculates the after-hours HVAC rate. Compare the stated rate against the actual utility cost per hour for your zone. If your lease does not cap annual increases to this rate, negotiate a fixed rate or CPI-linked escalation at renewal.

Related Terms

HVAC MaintenanceCommon Area UtilitiesOperating Expenses
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Related Resources

Detection RuleUtility Overcharge DetectionToolFree CAM Scan

Related Guides

Lease LanguageOverview
CAM Charges After a Building Sale: New Owner, New Problems
IndustriesGuide
Dental Office Lease: Why Am I Paying for the Entire Building's HVAC?
CAM ReconciliationGuide
CAM Charges After Lease Termination
IndustriesGuide
Dental Office CAM Charges: The HVAC Problem and Other NNN Lease Risks

Need to extract lease terms before your audit?

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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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