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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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  4. /I pay percentage rent and suspect the breakpoint is wrong
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I pay percentage rent and suspect the breakpoint is wrong

Angel Campa, FounderCAMAudit
Last updated: April 2026

Percentage rent is triggered when your gross sales exceed a breakpoint defined in your lease. If the breakpoint is calculated incorrectly, you could be paying percentage rent earlier or on more revenue than your lease requires. Errors in breakpoint calculation often trace back to incorrect base rent figures, improper inclusion of certain revenue types, or a natural breakpoint formula that uses the wrong inputs. CAMAudit can verify the math.

TL;DR

An incorrect breakpoint can trigger thousands of dollars in percentage rent that you do not actually owe; verifying the calculation is especially important if your sales are near the breakpoint threshold.

Who this is for

Retail tenants who pay percentage rent in addition to base rent and suspect that the breakpoint calculation or the gross sales definition is being applied incorrectly.

Who this is not for

Tenants who do not have a percentage rent clause in their lease, or tenants whose lease uses a fixed dollar breakpoint that is clearly stated and not calculated from a formula.

What CAMAudit Checks in This Scenario

Rule 1

Gross Lease Charges

CAMAudit analyzes the financial terms in your lease to verify that the breakpoint calculation uses the correct base rent, percentage rate, and revenue definition.

Rule 18

Estimated Payment True-Up Error

The scan checks the reconciliation of estimated percentage rent payments against actual owed amounts and flags calculation errors in the true-up.

What to Do Next

  1. 1Locate the percentage rent clause in your lease and note the breakpoint formula, percentage rate, and definition of gross sales.
  2. 2Verify whether the breakpoint is a natural breakpoint (base rent divided by percentage rate) or a fixed dollar amount.
  3. 3Calculate the breakpoint yourself using the lease formula and compare it to the breakpoint the landlord applied.
  4. 4Upload your lease and any percentage rent billing statements to CAMAudit for verification.
  5. 5Review the findings to see whether the breakpoint, gross sales definition, or percentage rate was misapplied.
  6. 6If errors are found, submit a written dispute with the corrected calculation and request a refund of overpaid percentage rent.
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Related Guides

CAM OverchargesGuide
Percentage Rent Breakpoint Errors: The $12,000 Miscalculation
CAM OverchargesGuide
Percentage Rent Audit Guide: Breakpoints, Gross Sales, and Overpayment Recovery

Explore Related Resources

Tenant TypeRetail StoreTenant TypeRestaurantDetection RuleGross Lease ChargesDetection RuleEstimated Payment True-Up ErrorScenarioMy CAM charges include expenses my lease explicitly excludesScenarioAre My CAM Charges Too High? How to Tell

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?

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Relevant Tenant Types

Retail StoreRestaurantGrocery Store

Related Scenarios

Are My CAM Charges Too High? How to TellIs it worth auditing my NNN lease CAM chargesWhat Is Included in CAM Charges (And What Shouldn't Be)How to verify my pro-rata share is calculated correctlyHow to Read a CAM Reconciliation Statement

Related Resources

Tenant TypeRetail StoreTenant TypeRestaurantResourcesCAM 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.