Legal Question in Landlord & Tenant Law in California

Evidentiary support necessary for CAM charge budget?

Can anyone tell me the CA civil codes pertaining to CAM charges in a commercial lease? Are LL's required to provide evidentiary support for their estimated yearly CAM budget upfront, or at the end of the year? What recourse does a tenant have if it is suspected that the LL is passing building improvements through CAM charges?

Thank you for your help.


Asked on 1/09/06, 6:11 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Evidentiary support necessary for CAM charge budget?

I am unaware of any statutes that specifically apply to commerical leases that regulate common area maintenance charges. The legislature seems to presume that residential tenants require more protection than commercial tenants, so more attention is given by the state government to protecting individuals.

For the most part, you are going to need to read the terms of the lease about how the common area charges are calculated as well as how and when they are presented. Commerical leases are often drafted to make the tenant liable even if the landlord is late on getting out the notice.

You should consult with a local real estate attorney that can review the entire document for you and give you more specific advice.

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Answered on 1/09/06, 6:39 pm


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