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  1. #1

    Default What is the Time Frame for Calculation of Common Area Maintenance (CAM) Charges

    My question involves landlord-tenant law in the State of: Missouri

    Hello,

    We were renting a small warehouse office and had a lease that ended 3/6/17. After following up many times with the property manager after not receiving our security deposit back yet, they let us know that they were still working on their final close out of the utilities and other CAM expenses from last year so they were delayed in calculating anything owed to us.

    They finished calculating and then told us that they will not be refunding our deposit back because their water meter was broken so they were undercharging all the tenants last year. They said truing it up would eat up our entire deposit.

    I've asked for a full accounting as is allowed per the lease. I did confirm their fiscal year ends 12/31. The lease states as long as we aren't in default, we will be refunded the policy. It also says "At the beginning of the year" they will review CAM expenses and notify us if our monthly deposit needs to increase. They are also allowed to increase it during the year if they find the amount needed to be more than a 5% increase. Otherwise they send us a bill to true it up. It is May 5 and we just received word yesterday that they finished calculations with no prior notification that there was an issue.

    Is them having a broken meter for a whole year and not noticing it really our problem? Is 5 months acceptable for how long to hear back about corrected CAM? Do we have any recourse?

    Much appreciated.

    Rae

  2. #2
    Join Date
    Feb 2008
    Posts
    1,109

    Default Re: Commercial Lease - Timeframe for Readjusting Cam/Losing Security Deposit

    I work for a property management company and will say that it is pretty normal for final bills to come out about now including CIT and CAM. You must remember that they are waiting for final statements also from the vendors/tax authorities, etc. In the end you did use the services and knew there could be a trueup owed. The amount you were paying each month was an estimate. I dont' see where you have any real recourse unless there was verbage in the lease regarding how often they inspected the water meter (which I highly doubt would make it into a lease). However, I do agree that they owe you a full written accounting showing the difference of what you paid, how much you used and what you now owe.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,859

    Default Re: Commercial Lease - Timeframe for Readjusting Cam/Losing Security Deposit

    Quote Quoting usone123
    View Post

    Is them having a broken meter for a whole year and not noticing it really our problem?
    Shouldn't be. But you still have to pay your share of the water charges so I have no idea how you work that out.

    Quote Quoting usone123
    View Post

    Is 5 months acceptable for how long to hear back about corrected CAM? Do we have any recourse?
    The Missouri landlord tenant statute does not appear to differentiate between commercial and residential tenancies. You'll have to read it to see if there is anything in there that helps you:

    http://www.moga.mo.gov/mostatutes/Ch...tIndex441.html

    Unfortunately, the security deposit statute refers to dwelling so that will be of no help:

    http://www.moga.mo.gov/mostatutes/st...500003001.html

    Your recourse, of course, is a lawsuit if you feel that your landlord has breached the contract or wrongfully kept your deposit. No way to predict the outcome of that.

  4. #4

    Default Re: Commercial Lease - Timeframe for Readjusting Cam/Losing Security Deposit

    Thank you both. I'm waiting on the accounting but looks like we are losing the deposit regardless it seems. Not really worth a legal battle when it i under $1000. Thanks

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