Thank you for getting back to me. The way this is written would allow the acceleration of rent to include CAM fees. The simple fact that you are not there and are not using the common area has nothing to do with it, as acceleration is a contractual remedial provision to protect the landlord when you breach the lease, and to discourage you from breaching the lease.
I need you to look into the section which talks about the CAM fees and see if there is any language that states that the CAM fees will be part of the rent, or a section that reads as follows:
Section 4(D), entitled “Additional Rent”, shall be amended as follows:
“In addition to the base monthly rent and prorated rent, Tenant will pay Landlord all other monthly amounts due under this lease including, but not limited to, CAM fees, charges for previous Late Fees, Returned Check Fees, Insurance
and Taxes. All amounts payable under this paragraph are deemed to be “rent” for the purposes of this lease. Failure to pay all amounts due as rent shall be deemed a material breach of the Lease Agreement and Landlord may pursue all remedies available to him pursuant to Section 20(C) of the Lease Agreement.”
This is an example from the commercial lease form I use for my clients, which would arguably cause the CAM fees to be accelerated.
The courts in some states have ruled that even these clauses do not accelerate CAM fees along with rent. However, there is no such case law in Nebraska, so the courts have not settled the question.
In the end, the general practice in the industry is to not accelerate CAM fees and courts in most states say that they are not to be counted as "rent" for acceleration purposes. Again though, if the above "additional rent" language is in the contract
the landlord might try to argue that the CAM fees can be accelerated as well.