Operational

Audit Rights

A lease clause granting the tenant the right to hire an independent accountant to review the landlord's financial records, ensuring that CAM charges and operating expenses were billed correctly.

Extended Definition

Most states do not provide statutory audit rights for commercial leases, so this right must be explicitly negotiated into the contract. Without it, tenants may need to file a lawsuit to force discovery of invoices. A strong audit clause specifies when the audit can occur (e.g., within 180 days of receiving the CAM reconciliation), who can perform it (landlords often restrict contingency-fee auditors), and requires the landlord to refund overcharges -- sometimes with interest and audit cost reimbursement -- if discrepancies exceed a threshold like 5%.

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