robbed

I was recently burglerised on the 5th of Sept. Gave my 30 day notice on the 6th said I would be out Oct 1st. I have been an excellent tenant. I fear for my life and the safety of my childs life. They now want me to pay for the mo. of Oct. Can they do that. I signed a Year lease 3 years ago and have not signed anything after that. The lease was for a year and Iv'e never signed anything after that. What are my rights?

[OHlandlord]

First you need to read your original lease. Does it have an automatic renewal clause? Some leases automatically renew for the same term (renew for an additional year) if you stay after the first one ends. Others go to a month to month basis after the original lease ends. You need to check this. If yours auto renews, you may still be covered under a one year lease and not know it. If so, you can only end it at the original termination date or face lease break penalties. Having a burglary is not just cause to legally break a lease, as the LL is not responsible for any crime in the neighborhood.

Next, you need to read the section of your lease on giving notice. Most leases (who go m2m after the end of the original term) allow you to terminate by giving 30 days notice. (Some states require longer or shorter periods) Sept 6 to Oct 1 is not 30 days notice. Some leases require you to give longer notice than 30 days. See what your lease states and post your state and what type of agreement you are now under (m2m or lease).

Additionally, there are 2 types of notice states. One type of notice is actual day notice (also called day for day). In these states, you can give this notice at any time and count forward the 30 days to arrive at an end date. If you are in a day for day state like this, you could be out Oct. 6 if you gave notice on Sept. 6. Other states are term states. All notices must be given at the beginning of the rental term. If you pay rent on the 1st of the month and gave notice on the 6th of the month, your notice does not take effect until the next term (the 1st of the following month). Notice given on Sept. 6 in these states doesn't take effect until Oct. 1. You would have to be out by Oct. 31. Also, your lease can require all notices to be given on the beginning of the term (the first) whether yours is a term state or not. You need to read your lease and look up your LL-tenant law (specific section on "notices") to see which yours is.

Either way, you may have to pay at least a part of October's rent if you did not give the full notice period (probably 30 days). You may be required to pay for all of October. Make sure you check this and pay the rent you owe. Failure to pay the last month of rent can result in your eviction, which will ruin your chances with other LLs. If you are still under a lease (under auto renewal leases) you can be held liable for rent until the unit is re-rented, along with advertising fees, utilities you would have paid for, & other costs the LL incurred because you broke your lease. These can be deducted from your deposit if you fail to pay them. Please, check your lease and find out how it addresses these points before you go further. If you have other questions, please repost under this same thread and I will try to answer.