Your lease gives you fewer than 60 days to audit the landlord's CAM reconciliation statement after receiving it. A short audit window makes it practically impossible to engage an auditor, obtain records, and complete a thorough review before your right to dispute charges expires.
By Angel Campa, Founder · Updated March 2026
Flagged when the CAM audit deadline is less than 60 days after receipt of the reconciliation statement.
Professional CAM audits typically take 30 to 60 days from engagement to completion, assuming the landlord provides records promptly. With a 30-day audit window, the tenant must engage an auditor, request records, wait for the landlord to produce them, and complete the review in less time than the audit itself requires. In practice, a 30-day window means tenants cannot effectively audit their charges, forfeiting thousands of dollars in potential overcharge recoveries each year. On $50,000 in annual CAM charges, even a 5% overcharge — common and detectable — represents $2,500 per year or $25,000 over a 10-year lease term that the tenant cannot recover.
Negotiate an audit window of at least 180 days after receipt of the reconciliation statement. Specify that the window does not begin until the landlord provides all supporting documentation, not just the summary statement. Include language tolling the audit deadline if the landlord delays in producing requested records. Ensure that the right to audit extends for at least two years retroactively, allowing you to audit prior years if you discover patterns of overcharging in the current year.
A reasonable audit window is 180 to 365 days after receipt of the reconciliation statement. This provides adequate time to engage a professional auditor, obtain the landlord's records, and complete a thorough review. Anything less than 90 days is impractical for a meaningful audit.
If the audit deadline passes without a dispute, most leases deem the reconciliation statement accepted and final. You lose the right to challenge any overcharges for that year. This is why a reasonable audit window is critical — it is a use-it-or-lose-it right.
Only if your lease includes tolling provisions. Well-drafted audit clauses toll the deadline if the landlord delays in producing records, if the landlord provides incomplete information, or if the tenant discovers fraud or intentional misrepresentation. Without these provisions, the deadline is typically firm.
The landlord should provide invoices, contracts, general ledger entries, payroll records for on-site staff, tax bills, insurance policies, and any supporting documentation for expenses included in the reconciliation. A well-drafted audit clause specifies the categories of records the landlord must produce.
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