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B-186035 1 (1976-11-02)

handle is hein.gao/gaobaddyv0001 and id is 1 raw text is: TH10 COIPTROLLEFR SWNERAL, U I ICI11.,*0. CIF THE UNITED B1ATWS WASHINGTON, D.C. 201540 01FIILE: B-186035 DATE; November 2, 1976 MATTER or-t Edward .1, Jason - Settlement of Unexpired Lease DIGEST: Transferred employee executed contract for release from unexpired term of 13 months remaining on lease of rented apartment. Although lessor retained sole Lpthority to relet premises, Lince employee reduced liability trom total possible rent of $2,574 to $594, release constitutes reason- able effort to settle rental obligation. Employee, therefore, may be reimbursed full cost of lcase settlement. This action is in rcsponse to a request dated Narch 4, 1976, from tF. Edwiu J. Fost, Chief of the Accounting Section, Office of the Cor itroller, Drug Enforcement Administration (DEA), Department of Justice, for a decision concerning a voucher submitted by Mr. Edward J. Jason, a DEA employee, for reimbursement of expenses incurred in setding an unexpired lease at the time of transfer of his official duty station. The record indicates that the claimant, Mr. Jason, was trans- ferred from New York, New York, to El Paso, Texan, effective June 10, 1974. Previously, Mr. Jason had exec'sted a rental agree- ment.in the amount of 4198 per month for an apartment in New York CiJlty for a term expiring on June 30, 1975. At the time of execut- :ing the lease, Mr. Jason paid to the lessor a security deposit of 396. It should be notzd that since the employing agency has utated the amount of the deposit to be only $198, it has appar :ntly confused the amovnt of the security deposit with that of the tionthly rental obligation, Since a notation appearing on the claimant's March 28, 1975 memorandum of explanation to DEA Head- quarters ind4cates that the maximum amount we should pay is the security deposit ($198) + one months rent ($198), and since the amount claimed is equa) to the difference between the deposit paid by the claimant and the administrative error concerning the deposit amount, there appears only to be a computation error in this case, rather than a dispute concerning Mr. Jason's entitle- ment to reimbursement. However, the agency also denied this claim 9

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