A-27236, JUNE 11, 1929, 8 COMP. GEN. 643

A-27236: Jun 11, 1929

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REIMBURSEMENT FOR ANY PART OF THE PERIOD IN WHICH THE PREMISES WERE NOT OCCUPIED BY THE TENANT IS NOT AUTHORIZED. 1929: RECEIPT IS ACKNOWLEDGED OF YOUR INDORSEMENT OF MAY 2. IT APPEARING THAT THE LEASE WAS REREVOKED APRIL 15. YOU REQUEST TO BE ADVISED WHETHER YOU ARE AUTHORIZED TO PAY TO THE WIDOW OF THE LESSEE. IN REPLY YOU ARE ADVISED THAT AN EXAMINATION OF THE LEASE AGREEMENT. THAT NO PROVISION IS MADE FOR THE RETURN OF ANY PART OF THE RENTAL IN CASE OF TERMINATION OF THE TENANCY BETWEEN RENT DAYS. THE QUESTION PRESENTED IS ANSWERED IN THE NEGATIVE.

A-27236, JUNE 11, 1929, 8 COMP. GEN. 643

LEASES - RENT - REFUNDS WHERE THE UNITED STATES LEASES ITS PROPERTY UNDER A CONTRACT WHICH PROVIDES FOR MONTHLY PAYMENTS OF RENT IN ADVANCE, WITHOUT PROVISION FOR THE RETURN OF ANY PART OF THE RENT IN CASE OF TERMINATION OF THE TENANCY BETWEEN RENT DAYS, REIMBURSEMENT FOR ANY PART OF THE PERIOD IN WHICH THE PREMISES WERE NOT OCCUPIED BY THE TENANT IS NOT AUTHORIZED.

COMPTROLLER GENERAL MCCARL TO LIEUT. H. C. MCGINNIS, UNITED STATES NAVY, JUNE 11, 1929:

RECEIPT IS ACKNOWLEDGED OF YOUR INDORSEMENT OF MAY 2, 1929, IN REFERENCE TO THE CLAIM OF MRS. J. M. DYER FOR $10 AS REFUND OF RENTAL ON HOUSING CORPORATION HOUSE NO. 193, INDIANHEAD, MD., LEASE NO. N-174S 693, DATED JULY 1, 1927, IT APPEARING THAT THE LEASE WAS REREVOKED APRIL 15, 1929, DUE TO DEATH OF THE LESSEE, AFTER RENT HAD BEEN PAID AT THE RATE OF $20 PER MONTH TO APRIL 30, 1929. YOU REQUEST TO BE ADVISED WHETHER YOU ARE AUTHORIZED TO PAY TO THE WIDOW OF THE LESSEE, AS A REFUND, ANY PART OF THE RENT FOR THE MONTH OF APRIL, 1929.

IN REPLY YOU ARE ADVISED THAT AN EXAMINATION OF THE LEASE AGREEMENT, NO. N-174S-693, DATED JULY 1, 1927, DISCLOSES THAT THE LESSEE AGREED TO PAY TO THE LESSOR A MONTHLY RENTAL FOR THE PREMISES AT THE RATE OF $20, TO BE PAID IN ADVANCE WITHOUT DEMAND ON OR BEFORE THE 1ST DAY OF EACH AND EVERY MONTH DURING THE CONTINUANCE OF THE LEASE, AND THAT NO PROVISION IS MADE FOR THE RETURN OF ANY PART OF THE RENTAL IN CASE OF TERMINATION OF THE TENANCY BETWEEN RENT DAYS. ACCORDINGLY, THE QUESTION PRESENTED IS ANSWERED IN THE NEGATIVE. SEE DECISION OF NOVEMBER 25, 1911, TO THE SECRETARY OF THE TREASURY, CITING OPIE V. PERSON, 23 APP.D.C. 170; TARKOVSKY V. GEORGE H. HESS CO. 64 ILL. APP. 513; WERNER V. PADULA, 49 N.Y.S.APP.DIV. 135, AFFIRMED IN 167 N.Y. 611; FELIX V. GRIFFITHS, 56 OHIO, 39.