The scra requires the notice from the tenant to be in writing and delivered in one of the following means:
(2) Delivery of notice. Delivery of notice under paragraph (1)(A) may be accomplished —
(A) by hand delivery;
(B) by private business carrier; or
(C) by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the lessor (or the lessor's grantee) or to the lessor's agent (or the agent's grantee), and depositing the written notice in the United States mails.
The tenant is also required to include a copy of his orders.
As another noted that while the tenants obligations Under the lease are terminated, it’s not instantly
(d) Effective date of lease termination.
(1) Leases of premises. In the case of a lease described in subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subsection (b)(1), termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered.
So the lease is terminated, under the scra, either the end of January (if the written and delivered notice was delivered before the end of December) or the end of February (if notice wasn’t recieved until after Jan 1)
Just in case the guy argues the scra requires you to prorate rent, here is what he may be referring to:
) Arrearages and other obligations and liabilities.
(1) Leases of premises. Rent amounts for a lease described in subsection (b)(1) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated bases. The lessor may not impose an early termination charge, but any taxes, summonses, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, that are due and unpaid at the time of termination of the lease shall be paid by the lessee..
One has to understand that although most fixed terms leases allow for monthly payments, many people do not realize that upon signing the lease the tenant is liable for the entire term of the lease. What the prorating refers to is if there are 6 months remaining on the lease ( that allows for monthly payments), that means the period of that 6 months that is during the time prior to the termination date allowed under the scra that has not been paid must be prorated from the total 6 months period. It does not mean the tenant can pick and choose the date such as the tenant is doing in your situation and require you to prorate to that precise date.
The tenant is still liable for damages just as they would normally.
So, the ball is in your court. It appears you are doing more than you are reauired to do so unless you want to prorate in such fine periods as the tenant wants, you don’t have to.