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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.

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.

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  4. /My landlord is charging me for empty space heating and cooling
Something Just Happened

My landlord is charging me for empty space heating and cooling

Angel Campa, FounderCAMAudit
Last updated: April 2026

If the landlord is charging you for HVAC costs to heat and cool vacant space, the gross-up calculation or pro-rata allocation may be wrong. Your share of variable expenses like HVAC should reflect actual occupied area or be limited by the gross-up provision in your lease. Paying to climate-control empty space is a textbook overcharge that CAMAudit detects automatically.

TL;DR

HVAC costs are among the largest variable expenses in commercial buildings; overpaying on your share of these costs adds up quickly, especially in extreme climate regions.

Who this is for

Tenants in a partially vacant building who suspect they are paying a disproportionate share of HVAC and utility costs because the landlord is allocating vacant space costs across occupied tenants.

Who this is not for

Tenants in a fully occupied building, or tenants whose lease explicitly requires them to pay HVAC costs for common areas regardless of occupancy.

What CAMAudit Checks in This Scenario

Rule 5

Gross-Up Violation

CAMAudit checks whether variable expenses like HVAC are being grossed up to an occupancy level that exceeds the lease-permitted threshold, which is how vacant-space costs get shifted to occupied tenants.

Rule 11

Utility Overcharge

The scan flags utility costs, including HVAC, that are disproportionately allocated to your space relative to your lease-defined share.

Rule 4

Pro-Rata Share Error

CAMAudit verifies that the denominator used for utility allocation reflects the correct area. If vacant space is excluded from the denominator, your share of HVAC costs increases unfairly.

What to Do Next

  1. 1Check the current occupancy of your building and note how many units or what percentage of the space is vacant.
  2. 2Review your lease gross-up clause to determine the maximum occupancy assumption permitted for variable expenses.
  3. 3Locate HVAC and utility line items on your reconciliation and calculate what percentage of total building utility costs you are paying.
  4. 4Upload your lease and reconciliation to CAMAudit to run the gross-up, utility overcharge, and pro-rata share rules.
  5. 5If violations are found, request the landlord provide the actual occupancy percentage used in their calculations.
  6. 6Dispute the overcharge in writing with a corrected calculation based on the lease-permitted occupancy assumption.
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Related Guides

CAM OverchargesGuide
Vacant Suite Improvements in CAM: Why You Shouldn't Pay for Empty Space

Explore Related Resources

Tenant TypeRetail StoreTenant TypeMedical OfficeDetection RulePro-Rata Share ErrorDetection RuleGross-Up ViolationScenarioMy CAM reconciliation just went up 30% or more year over yearScenarioMy pro-rata share calculation doesn't match my lease terms

Next Best Step

Choose your next move

Scenario pages should bridge from diagnosis into the dispute path and audit proof.

What is a CAM audit?

Use the audit process if you still need to validate the billing error.

See the CAM dispute guide

Use the dispute playbook if the issue is already active.

Start Free Audit

Run the free audit once you are ready to quantify the overcharge.

Ready to skip the reading and document the overcharge directly?

Find My Overcharges

Relevant Tenant Types

Retail StoreMedical OfficeOffice

Related Scenarios

My CAM reconciliation just went up 30% or more year over yearMy landlord is charging me for roof replacement in CAMMy management fee exceeds the cap in my leaseMy pro-rata share calculation doesn't match my lease termsAn anchor tenant left and my CAM charges spiked

Related Resources

Tenant TypeRetail StoreTenant TypeMedical OfficeResourcesCAM Overcharge Detection GuidesToolsFree CAM Audit ToolsGlossaryCAM Glossary

Frequently asked questions

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

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.