B-174353, NOV 23, 1971

B-174353, NOV 23, 1971

CIVILIAN EMPLOYEE - TRANSFER - EXPENSE OF TERMINATING LEASE DECISION ALLOWING, IN PART, CLAIM OF MR. VINCENT L. GUY, EMPLOYEE FEDERAL MEDIATION AND CONCILIATION SERVICE, FOR EXPENSES INCURRED IN TERMINATING AN UNEXPIRED APARTMENT LEASE INCIDENT TO HIS TRANSFER OF OFFICIAL DUTY STATION. SINCE CLAIMANT WAS LEGALLY LIABLE FOR RENT FOR MONTH OF JULY, REIMBURSEMENT MAY BE MADE FOR THAT PORTION OF THE MONTH HE DID NOT OCCUPY THE APARTMENT WHICH WAS NECESSITATED BY HIS TRANSFER.

TO MRS. ROSE M. SPERLING:

THIS REFERS TO YOUR LETTER OF OCTOBER 15, 1971, WITH ENCLOSURES, REQUESTING A DECISION WHETHER THE ENCLOSED RECLAIM VOUCHER IN THE AMOUNT OF $215 IN FAVOR OF MR. VINCENT L. GUY, AN EMPLOYEE OF THE FEDERAL MEDIATION AND CONCILIATION SERVICE, MAY BE CERTIFIED FOR PAYMENT UNDER THE CIRCUMSTANCES PRESENTED.

BY TRAVEL VOUCHER DATED OCTOBER 7, 1971, MR. GUY IS RECLAIMING THE AMOUNT OF $215, NOT PAID ON A PREVIOUS TRAVEL VOUCHER COVERING EXPENSES HE ALLEGEDLY INCURRED IN TERMINATING AN UNEXPIRED APARTMENT LEASE PURSUANT TO HIS TRANSFER OF OFFICIAL DUTY STATIONS FROM ATLANTA, GEORGIA, TO DALLAS, TEXAS. THE RECORD SHOWS THAT MR. GUY ENTERED INTO A LEASE AGREEMENT FOR A PERIOD OF ONE YEAR COMMENCING ON SEPTEMBER 6, 1969. THE TOTAL RENT WAS $2,580 PAYABLE IN EQUAL MONTHLY PAYMENTS OF $215. AS YOU STATED IN YOUR LETTER OF OCTOBER 15, 1971 -

"THE RECLAIM VOUCHER REPRESENTS THE AMOUNT SUSPENDED FOR TERMINATION OF LEASE AGREEMENT AT HIS OLD OFFICIAL STATION. INFORMATION ON FILE SHOWS THAT THE EMPLOYEE'S FAMILY VACATED THE APARTMENT ON JULY 10, 1970, ARRIVED AT HIS NEW OFFICIAL DUTY STATION 7/12/70 AT 6:45 P.M. TEMPORARY QUARTERS BEGINNING 7/13/70 THRU 7/18/70 WAS CLAIMED AND PAID. FACSIMILE COPIES OF THE INSPECTION REPORT AND LEDGER CARD FROM THE RENTAL AGENT, WHICH ARE ATTACHED, REFLECT THAT MR. GUY PAID $115.00 TOWARDS JULY, 1970, RENT AND THAT THE $100.00 SECURITY DEPOSIT BE MADE IN SEPTEMBER, 1969, WAS USED TO COMPLETE THE RENT FOR JULY: ALSO, ATTACHED FOR YOUR INFORMATION IS TRAVEL REIMBURSEMENT VOUCHER TOGETHER WITH CERTAIN ATTACHMENTS ON WHICH THE SUSPENSION WAS MADE."

IN ADDITION TO THE LEASE AGREEMENT THERE WAS ALSO EXECUTED A "TRANSFER ENDORSEMENT" WHICH STATED THAT IF THE LESSEE WAS TRANSFERRED OUT OF THE METROPOLITAN ATLANTA AREA BEFORE THE EXPIRATION OF THE LEASE THE LANDLORD AGREED TO:

" *** CANCEL YOUR LEASE AS OF THE LAST DAY OF THE CALENDAR MONTH FOLLOWING THE MONTH IN WHICH YOUR WRITTEN NOTICE IS RECEIVED. IT IS UNDERSTOOD, MOREOVER, THAT YOUR SECURITY DEPOSIT MAY BE RETAINED BY US."

UNDER SECTION 4.2F, OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR NO. A- 56, DATED JUNE 26, 1969, AN EMPLOYEE, UPON TRANSFER TO A NEW DUTY STATION, IS ENTITLED TO REIMBURSEMENT OF EXPENSES INCURRED FOR SETTLING AN UNEXPIRED LEASE WHEN:

" *** (1) APPLICABLE LAWS OR THE TERMS OF THE LEASE PROVIDED FOR PAYMENT OF SETTLEMENT EXPENSES, (2) SUCH EXPENSES CANNOT BE AVOIDED BY SUBLEASE OR OTHER ARRANGEMENT, (3) THE EMPLOYEE HAS NOT CONTRIBUTED TO THE EXPENSE BY FAILING TO GIVE APPROPRIATE LEASE TERMINATION NOTICE PROMPTLY AFTER HE HAS DEFINITE KNOWLEDGE OF THE PROPOSED TRANSFER, *** "

THE RECORD INDICATES THAT IN JUNE 1970, MR. GUY NOTIFIED THE RENTAL AGENCY IN WRITING THAT HE WOULD BE VACATING THE PREMISES DURING THE FOLLOWING MONTH. PURSUANT TO THE TERMS OF THE ENDORSEMENT, MR. GUY WAS LIABLE FOR RENTAL FOR THE FULL MONTH OF JULY. SINCE HE TIMELY NOTIFIED THE LANDLORD OF HIS TRANSFER, AND WAS LEGALLY LIABLE FOR THE JULY AMOUNT, REIMBURSEMENT TO MR. GUY MAY BE MADE COVERING THAT PORTION OF THE MONTH HE DID NOT OCCUPY THE APARTMENT. SINCE HE VACATED THE APARTMENT ON JULY 10, HE WOULD BE ENTITLED TO REIMBURSEMENT FOR TWO THIRDS OF THE MONTHLY RENTAL, OR $143.33.

THE VOUCHER, WITH ACCOMPANYING PAPERS, IS RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT IN ACCORDANCE WITH THE ABOVE.