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ARTICLE · 18 DECEMBER 2001

Stale CAM Charges: Are You Protected?

United StatesReal Estate and Construction
Janis Schiff
Janis Schiff

Common Area Maintenance (CAM) provisions in retail leases enable landlords to maintain the common areas of a shopping center on behalf of the tenants and then divide and allocate the costs of such maintenance among the tenants and occupants of the shopping center. A well-drafted CAM provision will clarify the responsibilities of both the landlord and the tenant and eliminate unnecessary confusion during the term of the lease. A standard CAM provision may include the following language:

"…Tenant shall pay to Landlord, … on the first day of each calendar month … for each Calendar Year during the Term, …Tenant's Proportionate Share of Basic Costs …[which shall be defined as follows:] … before the beginning of each Calendar Year thereafter during the Term, Landlord shall furnish Tenant with Landlord's estimate of the Basic Costs for the applicable Calendar Year…. [Within 90 days after the end of each Calendar Year, the Landlord must furnish the Tenant with a statement of the

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