Tennent broke lease, is any part still valid?
Our tenant in Tennessee broke her 1 yr lease in the beginning of her 6th month and agreed to be out within 2 weeks so we could re-rent the home hopefully by the 1st of the next month. She returned her key and did a walk through with my husband on the 27th and was still not all the way out. Had about 10 boxes left in the home and agreed to get them the next day (28th). On the 28th the new tennent showed up to begin cleaning the house to get it ready by the 1st so she could move in. Now we are being sued in civil court for property damage based on conversion and tresspass--her argument being that her rent was paid until the first and she did not actually have to be out until then. My question is this--can we win the case based on the fact that she broke the lease-so doesn't that mean she voided all the lease? I mean can she hold us to the fact that the unit was hers until the 1st as stated in the lease (because that month was paid for) when she broke the lease contract... doesnt that sound like she gets to pick which parts we are held to and which parts to ignore?
Additionally, the power had been turned off for non payment for 7 days before the new tennent entered the unit and the beds and all clothing and food were missing as she had been living somewhere else for 5 days previous-making the home a storage facility for the last of her things and not her residence. We cannot afford an attorney so any advice on how to present our case would be helpful.
