Without a reconciliation deadline and consequences for missing it, landlords can delay statements indefinitely and demand retroactive payments years later.
A reconciliation deadline clause requires the landlord to deliver the annual CAM reconciliation statement within a specified number of days after the end of each calendar or lease year. The reconciliation compares estimated CAM payments collected during the year against actual expenses. This clause prevents landlords from delaying the statement indefinitely.
Late reconciliation statements make it difficult for tenants to budget accurately and can signal that the landlord is manipulating expense figures. Without a deadline, landlords can deliver statements years late, making it nearly impossible to audit or dispute charges. A firm deadline with consequences gives tenants leverage to demand timely information.
“Landlord shall deliver to Tenant an annual reconciliation statement of actual Operating Expenses within one hundred twenty (120) days after the end of each calendar year. The statement shall include reasonable detail showing each category of Operating Expense and the calculation of Tenant's share. If Landlord fails to deliver the reconciliation statement within one hundred eighty (180) days after the calendar year end, Tenant's estimated payments for that year shall be deemed the final amount due, and Landlord shall have no right to collect additional amounts for that year.”
This is illustrative language only. Your actual lease language controls your rights.
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30-40%
An estimated 30-40% of landlords deliver reconciliation statements past the lease-required deadline [industry estimate]
Source: Property Management Industry Surveys (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.