A-80356, SEPTEMBER 23, 1936, 16 COMP. GEN. 302

A-80356: Sep 23, 1936

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LEASES - RENT - REFUNDS ON VACATION OF PREMISES BETWEEN RENT DAYS RENT PAID UNDER A LEASE PROVIDING FOR RENTAL PAYMENTS MONTHLY IN ADVANCE AND VACATION OF THE PREMISES WITHIN 10 DAYS AFTER RECEIPT OF WRITTEN NOTICE FROM THE GOVERNMENT MAY NOT BE REFUNDED BECAUSE THE VACATION OF THE PREMISES IS REQUIRED BETWEEN RENT DAYS. 1936: THERE WAS RECEIVED YOUR LETTER OF AUGUST 21. AS FOLLOWS: REFERENCE IS MADE TO LOT 811. THE PROPERTY IN QUESTION WAS PURCHASED FROM MISS KATE R. THE BUILDING WAS OCCUPIED BY MR. THE TERMS AND CONDITIONS OF THE RENTAL AGREEMENT WERE ASSENTED TO BY MRS. INASMUCH AS POSSESSION OF THE SITE WAS REQUIRED IN CONNECTION WITH THE CONSTRUCTION OF THE PROPOSED BUREAU OF ENGRAVING AND PRINTING ANNEX.

A-80356, SEPTEMBER 23, 1936, 16 COMP. GEN. 302

LEASES - RENT - REFUNDS ON VACATION OF PREMISES BETWEEN RENT DAYS RENT PAID UNDER A LEASE PROVIDING FOR RENTAL PAYMENTS MONTHLY IN ADVANCE AND VACATION OF THE PREMISES WITHIN 10 DAYS AFTER RECEIPT OF WRITTEN NOTICE FROM THE GOVERNMENT MAY NOT BE REFUNDED BECAUSE THE VACATION OF THE PREMISES IS REQUIRED BETWEEN RENT DAYS, THERE HAVING BEEN NO STIPULATION FOR APPORTIONMENT OR REFUND OF RENT UPON SUCH OCCURRENCE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE TREASURY, SEPTEMBER 23, 1936:

THERE WAS RECEIVED YOUR LETTER OF AUGUST 21, 1936, AS FOLLOWS:

REFERENCE IS MADE TO LOT 811, SQUARE 266, IMPROVED BY A TWO-STORY BRICK BUILDING, KNOWN AS PREMISES 319 13TH STREET, S.W., WASHINGTON, D.C., ACQUIRED BY THE UNITED STATES ON MARCH 3, 1936, AS PART OF THE SITE FOR THE PROPOSED BUREAU OF ENGRAVING AND PRINTING ANNEX.

THE PROPERTY IN QUESTION WAS PURCHASED FROM MISS KATE R. WHARTON, AT A COST TO THE UNITED STATES OF FIVE THOUSAND TWO HUNDRED AND FIFTY DOLLARS ($5,250.00). AT THE TIME OF ACQUISITION, THE BUILDING WAS OCCUPIED BY MR. AND MRS. JAMES W. CORNELL.

UNDER DATE OF MAY 11, 1936, THIS DEPARTMENT ACCEPTED THE PROPOSAL OF MRS. JAMES W. CORNELL TO PAY TO THE UNITED STATES RENTAL AT THE RATE OF TWENTY- FIVE DOLLARS ($25.00) PER MONTH FOR USE AND OCCUPANCY OF THE AFORESAID PREMISES, SUBJECT TO VACATION WITHIN TEN DAYS AFTER RECEIPT OF WRITTEN NOTICE SO TO DO. THE TERMS AND CONDITIONS OF THE RENTAL AGREEMENT WERE ASSENTED TO BY MRS. CORNELL UNDER DATE OF MAY 12, 1936.

THE TENANT PAID RENTAL FOR USE AND OCCUPANCY OF THE PREMISES UP TO AND INCLUDING JUNE 30, 1936. HOWEVER, INASMUCH AS POSSESSION OF THE SITE WAS REQUIRED IN CONNECTION WITH THE CONSTRUCTION OF THE PROPOSED BUREAU OF ENGRAVING AND PRINTING ANNEX, IT WAS NECESSARY TO SERVE NOTICE ON ALL OCCUPANTS FOR THE VACATION AT THE EARLIEST PRACTICABLE DATE OF LANDS TO WHICH TITLE HAD BECOME VESTED IN THE UNITED STATES, AND ALTHOUGH RENTAL HAD BEEN PAID BY MRS. CORNELL TO JUNE 30, 1936, THE TEN DAY NOTICE WAS SERVED, UNDER DATE OF JUNE 5, 1936, AND POSSESSION OF THE PREMISES WAS SURRENDERED TO THE UNITED STATES ON JUNE 15, 1936. THE RENTAL COLLECTED WAS COVERED INTO THE TREASURY FOR CREDIT OF MISCELLANEOUS RECEIPT "6020 RENT OF LAND (PROC.DIV.P.W.B.)" BY COVERING WARRANT NO. 15489, DATED JUNE 12, 1936, PURSUANT TO CERTIFICATE OF DEPOSIT NO. 12993, DATED JUNE 8, 1936.

THERE IS ATTACHED HERETO A LETTER (PHOTOSTATIC COPY) OF JUNE 18, 1936, FROM MRS. CORNELL, CALLING ATTENTION TO THE FACT THAT RENT FOR USE AND OCCUPANCY OF THE AFORESAID PREMISES WAS PAID UP TO AND INCLUDING JUNE 30, 1936, AND REQUESTING THAT SHE BE REIMBURSED IN THE SUM OF TWELVE DOLLARS AND FIFTY CENTS ($12.50) COVERING RENT PAID IN ADVANCE FROM JUNE 16, 1936, UP TO AND INCLUDING JUNE 30, 1936. IT IS SUGGESTED THAT POSSIBLY THE REFUND OF TWELVE DOLLARS AND FIFTY CENTS ($12.50) CLAIMED BY MRS. CORNELL COULD BE PAID OUT OF THE ANNUAL APPROPRIATION "REFUND OF MONEYS ERRONEOUSLY RECEIVED AND COVERED," DECISION COMPTROLLER GENERAL A-20784, DATED DECEMBER 20, 1927 (7 COMP. GEN. 398).

PHOTOSTATIC COPIES OF ALL OTHER PAPERS PERTINENT TO THE CASE ARE ALSO ENCLOSED.

THIS MATTER IS SUBMITTED TO YOU FOR YOUR CONSIDERATION AND DECISION.

THE PROPOSAL OF MRS. CORNELL AND THE ACCEPTANCE CONSTITUTING THE RENTAL AGREEMENT ARE AS FOLLOWS:

CHART

MAY 2, 1936. DIRECTOR OF PROCUREMENT DIVISION, TREASURY DEPARTMENT.

SIR: I HEREBY PROPOSE TO PAY RENTAL TO THE UNITED STATES, BEGINNING MARCH 3, 1936, AT THE RATE OF 25 DOLLARS PER MONTH, FOR THE USE AND OCCUPANCY OF PREMISES 319 13TH STREET, S.W., LOCATED ON LOT 811, SQUARE 266, WASHINGTON, D.C., SUBJECT TO VACATION WITHIN TEN (10) DAYS AFTER NOTICE SO TO DO.

VERY TRULY YOURS,

(SIGNED) MRS. JAMES W. CORNELL.

MAY 11, 1936. MRS. JAMES W. CORNELL,

319 13TH STREET, S.W.,

WASHINGTON, D.C.

MADAM: YOUR PROPOSAL, DATED MAY 2, 1936, TO PAY RENTAL TO THE UNITED STATES, BEGINNING MARCH 3, 1936, AT THE RATE OF $25.00 PER MONTH, FOR THE USE AND OCCUPANCY OF PREMISES 319 13TH STREET ., LOCATED ON LOT 811, SQUARE 266, WASHINGTON, D.C., COMPRISING A PART OF THE LAND ACQUIRED AS THE SITE FOR THE PROPOSED BUREAU OF ENGRAVING AND PRINTING ANNEX, IS HEREBY ACCEPTED, SUBJECT TO THE ATTACHED PRINTED "CONDITIONS GOVERNING THE RENTAL OF UNITED STATES PROPERTY ACQUIRED FOR FEDERAL BUILDING PURPOSES," AS REVISED, SO AS TO REQUIRE THE VACATION OF THE PREMISES WITHIN TEN (10) DAYS AFTER WRITTEN NOTICE SO TO DO.

VERY TRULY YOURS,

W. E. REYNOLDS,

ACTING DIRECTOR OF PROCUREMENT.

I/WE HEREBY ASSENT TO ALL THE TERMS AND CONDITIONS OF THE FOREGOING COMMUNICATION.

(SIG.) MRS. JAMES W. CORNELL.

DATE: MAY 12, 1936.

THE PRINTED CONDITIONS INCORPORATED IN THE AGREEMENT GOVERNING THE RENTAL OF THE PREMISES, AND SPECIFICALLY ASSENTED TO BY MRS. CORNELL, CONTAIN THE FOLLOWING PROVISION:

2. THAT THE TENANT SHALL, WITHOUT EXPENSES TO THE UNITED STATES, AND TO THE SATISFACTION OF THE CUSTODIAN OF THE SITE---

(A) PAY ALL CHARGES FOR WATER, GAS, AND ELECTRICITY, OR OTHER SERVICE OR SUPPLY;

(B) PROMPTLY REMOVE ALL SNOW AND ICE FROM THE SIDEWALKS AROUND THE SITE;

(C) KEEP THE WEEDS AND GRASS PROPERLY CUT AND KEEP SAID SITE IN UNOBJECTIONABLE CONDITION;

(D) VACATE THE PREMISES WITHIN TEN DAYS AFTER WRITTEN NOTICE SO TO DO, AND LEAVE SAID PREMISES IN AS GOOD ORDER AND CONDITION AS SAME WERE WHEN FIRST TAKEN POSSESSION OF BY THE TENANT, REASONABLE USE AND WEAR THEREOF AND DAMAGE BY FIRE OR OTHER CASUALTY EXCEPTED;

(E) MAKE PAYMENT OF RENT MONTHLY IN ADVANCE TO THE CUSTODIAN OF THE PROPERTY BY POST-OFFICE MONEY ORDER ON WASHINGTON, D.C. (OR DRAFT ON NEW YORK, N.Y.), DRAWN TO THE ORDER OF THE ,DISBURSING CLERK, TREASURY DEPARTMENT.' (CHECKS ON LOCAL BANKS IN PAYMENT FOR RENT WILL NOT BE ACCEPTED BECAUSE OF THE DELAY INCIDENT TO THEIR COLLECTION.)

WHILE THE RENTAL AGREEMENT PROVIDED FOR TERMINATION BY THE GOVERNMENT AT ANY TIME UPON 10 DAYS' NOTICE AND FOR THE PAYMENT OF THE MONTHLY RENTAL IN ADVANCE, IT DID NOT PROVIDE FOR ANY APPORTIONMENT OF THE RENT OR FOR REFUND OF ANY PART OF THE MONTHLY RENTAL SHOULD THE VACATION OF THE PREMISES BE REQUIRED BETWEEN RENT DAYS. CONSEQUENTLY, THE RISK OF THE RENTAL AGREEMENT BEING TERMINATED BETWEEN RENT DAYS WAS ASSUMED BY THE LESSEE WHEN SHE AGREED, WITHOUT EXCEPTION OR RESERVATION, TO PAY RENTAL IN ADVANCE.

ANSWERING YOUR QUESTION SPECIFICALLY, YOU ARE NOT AUTHORIZED TO REFUND TO MRS. CORNELL ANY PORTION OF THE RENT PAID BY HER FOR THE MONTH OF JUNE 1936. SEE 8 COMP. GEN. 643 AND AUTHORITIES THEREIN CITED. SEE ALSO DECISION OF OCTOBER 20, 1915, TO SECRETARY OF THE TREASURY.