{"id":11050,"date":"2026-11-11T03:48:28","date_gmt":"2026-11-11T03:48:28","guid":{"rendered":"https:\/\/www.lawayala.com\/resources\/resources-real-estate-litigation\/landlord-overcharged-common-area-maintenance-florida\/"},"modified":"2026-11-11T06:44:56","modified_gmt":"2026-11-11T06:44:56","slug":"landlord-overcharged-common-area-maintenance-florida","status":"publish","type":"page","link":"https:\/\/www.lawayala.com\/resources\/resources-real-estate-litigation\/landlord-overcharged-common-area-maintenance-florida\/","title":{"rendered":"Landlord Overcharged for Common Area Maintenance in Florida"},"content":{"rendered":"\n
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Commercial Litigation | Tampa Bay and Hillsborough County<\/p>

Question a Common Area Maintenance Bill Before You Pay It<\/h1>

Ayala Law PA focuses on business and commercial lease disputes for companies in Tampa, Hillsborough County and across the Tampa Bay area.<\/p>

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By Eduardo A. Maura \u00b7 Published November 10, 2026<\/p>\n\n

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Your business received a common area maintenance (CAM) bill that seems too high, and you want to know whether the landlord can charge it. Yes, a commercial landlord can overcharge for common area maintenance in Florida when the amount billed goes beyond what the lease allows.<\/p>\n

The lease controls that question more than any general rule does. This page covers where overcharges usually start, which lease terms matter most, how to request records, and which deadlines to watch. It describes common issues, not how any specific bill will turn out.<\/p>\n

Yes, a Landlord Can Overcharge CAM When Billing Goes Beyond the Lease<\/h2>\n

A landlord overcharges CAM when it bills more than the lease allows. A charge the lease never permits is an overcharge, even if the statement looks official.<\/p>\n

Think of the lease as the rulebook and the bill as the score. If the score doesn’t follow the rules, the bill needs a closer look. Many tenants assume a formal statement must be correct. It can still include charges the lease doesn’t allow.<\/p>\n

Florida’s rules for commercial tenancies sit in Chapter 83, Part I. Fla. Stat. \u00a7 83.001<\/a> says that part applies to nonresidential tenancies and all tenancies not governed by part II of this chapter. That gives the general framework, but the lease language usually does most of the work.<\/p>\n

Tenants often hope the implied covenant of good faith and fair dealing will fix an unfair bill. Florida’s high court has limited that argument. Under QBE v. Chalfonte<\/a>, a good-faith claim fails when applying it would contradict the contract’s express terms. Start with the lease wording, then test the bill against it.<\/p>\n\n

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What CAM Charges Usually Cover<\/h2>\n

CAM charges pay for the upkeep of shared areas that every tenant uses. Typical items include parking lots, hallways, lobbies, landscaping, lighting, and security for common spaces. Whether a cost counts depends on how the lease defines it, not on the label on the invoice.<\/p>\n

Your share is usually your leased square footage divided by the building’s rentable area. That percentage drives each monthly estimate you pay during the year. Some leases use a fixed CAM amount instead, so check which method yours uses before you compare numbers.<\/p>\n

At year end, the landlord prepares a reconciliation statement. It compares the estimates you paid with the actual costs. If you paid too little, you owe the difference. If you paid too much, the lease should say how the difference is handled.<\/p>\n

Read the reconciliation next to the lease. Many tenants start with the total and miss the line items that carry the real problem.<\/p>\n

Common Ways CAM Charges Become Overcharges<\/h2>\n

Overcharges usually come from excluded costs, capital items, fees above a cap, share errors, and misplaced charges. Each one breaks a different lease term, so sort the bill by category.<\/p>\n