6 month lease really 7??

I entereted into a rental agreement for 6 months beginning October 1 2007. Upon submission of my written notice to vacate, my Landlord informed me that "typically" the first month in a six month lease doesn't count, and that I have to pay through the end of April.

I have rented many times, and rented my own property to tenants, and have never of this. She provided me with a copy of the agreement where I have signed to the following statement:
"(6) six month term commencing October 1st, ending April 30th 2008"

My question, is in an untrue statement--the date range is 7 months--which is the legal binder? The 6 month indicator, of the date range indicator?

Anyone have any idea about this?
thanks

[OHlandlord]

Having rented units and houses out for over 15 years, all I can say is bull! The first month always counts. So does every other month. However, since the dates are included in the lease, that is what you will have to go by. If challenged in court, the "6" part will be recognized as an "error" since it is clearly a 7 month period listed. If your lease lists April 30, 2008 as your end date, that is what you will have to go by. Pay rent through April and be done with this screwy LL.

Do you think I would have a stronger point of contention that I have a separate email (prior to my move in) from her stating that a 6 month lease would be fine? Would that make it seem like her date range is actually the error?

Also, this rental agreement was drafted as a MS Word document and I have only signed the 3rd page, and the statement in question in on Pg2 where there is no signature. Does that make a difference?

[OHlandlord]

No, the date would not be considered an error. It clearly says from xx date to xx date. The only thing that could be considered an error is the number 6. The e-mail is immaterial. The agreement you signed says 7 months.

You could try to argue that the document had been changed, but I doubt you would get far with that. Either come to an understanding (in writing) with the LL or pay through the end of the lease. Sorry, but there really isn't any other answer I can give.

Please, note, if the LL does re-rent the unit during that last month (the month of April) she cannot charge you rent for the period when there is another tenant in there. If you are paying for the month, you have the right to occupy it for that month and to keep the keys for the whole month. (If she realizes she's not getting the keys back until April 30th, she may decide to come to an understanding.) Let her know that if you have to pay for that month, you will keep occupancy and return possession & the keys at the end of April. (Put this in writing now.) She will be unable to re-rent it until then. I'm betting she won't like this and I thinks she wants to rent it before then. If she does re-rent it, she owes you a refund for all the days when someone else is renting the place. Good luck.