Guest Post by Sara Stanley, MCR, Managing Director, Commercial Tenant Services, Inc.

It’s more typical than you may think.

Contradictory or conflicting lease language appears far more often than many tenants realize. Whether caused by:

• Redline version errors
• An incorrect keystroke
• Outdated draft sections
• Or simple oversight

. . . the result can be two sections of the same lease saying different things – creating confusion, potential disputes, and costly misinterpretations, often to a tenant’s disadvantage.

Why Does This Happen?

During the drafting process, lease language frequently evolves across multiple rounds of edits, contributors, and document versions.  When reconciliation across drafts is incomplete or inconsistent, contradictions can slip through unnoticed.

This tends to occur most often when:

• Multiple parties revise documents simultaneously
• Drafts are merged incorrectly
• Redlines or comments are accepted or rejected inconsistently
• Letter of Intent (LOI) terms are misapplied or omitted

Over time, these issues can result in contradictory obligations, unclear responsibilities, or misaligned financial terms embedded within the final lease.

Do You Have Access to a Redline Version of the Lease or an LOI?

Access to redline copies, prior drafts, or the original Letter of Intent (LOI) can be an important resource when questions arise. These materials may help to:

• Trace how specific language evolved
• Identify where discrepancies may have originated
• Provide context around the apparent intent of the parties

If a disagreement develops, these documents often serve as useful reference points when evaluating how certain provisions were intended to function.

Considering Third-Party Forensic Lease Review

In situations involving unclear or conflicting lease language, some organizations choose to engage a third‑party forensic lease review firm with building‑system expertise.  These specialists are often familiar with how inconsistencies arise during the drafting process and where conflicts are most likely to appear.

A forensic review may help to:

• Highlight areas where language conflicts exist
• Provide insight into how discrepancies may have occurred
• Assess which provisions most closely align with the overall structure and apparent intent of the agreement

When reviewed alongside drafts, redlines, and the LOI, this information can support a more informed interpretation of the lease and help guide internal discussions or next steps.

Sara Stanley, MCR, is Managing Director at Commercial Tenant Services, Inc.