Your pro-rata share multiplies against every CAM charge, so even a 0.5% error can cost thousands annually across the full expense pool.
The pro-rata share clause defines the fraction of total building operating expenses that a tenant is responsible for paying. It is typically calculated by dividing the tenant's rentable square footage by the total rentable square footage of the building. This seemingly simple fraction is one of the most consequential numbers in any commercial lease.
Even a small error in the pro-rata share calculation can compound into thousands of dollars over the lease term. Landlords sometimes use inconsistent square footage measurements, exclude vacant space from the denominator (inflating each tenant's share), or fail to update the share when the building is remeasured. Because this percentage multiplies against every CAM charge, getting it wrong affects every dollar you pay.
“Tenant's Pro-Rata Share shall be calculated by dividing the total rentable square footage of the Premises (agreed to be 5,000 square feet) by the total rentable square footage of the Building (agreed to be 100,000 square feet), resulting in a Pro-Rata Share of five percent (5.00%). The total rentable square footage of the Building shall remain constant regardless of vacancy. If the Building is remeasured, the Pro-Rata Share shall be adjusted prospectively, and Landlord shall provide Tenant with written notice and supporting documentation.”
This is illustrative language only. Your actual lease language controls your rights.
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10-15%
An estimated 10-15% of commercial leases contain pro-rata share calculation discrepancies [industry estimate]
Source: Lease Audit Industry Reports (2024)
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Go to lextract.ioThis 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.