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B-184901 1 (1976-07-23)

handle is hein.gao/gaobadcvo0001 and id is 1 raw text is: 





                             THE  COMPTROL.&.ER GENERAL
DECISION           7.OF THE              UNITE:) STATES
                             WASHINGTON. O. C. 20548



FILE:                               DATE:  JUL  2 3 1976
        3-184901
MATTER OF:
                 Robert H. Covell - relocation expenses -
                 unexpired lease
DIGEST:
            Employee is entitled to reimbursement
            for forfeited first month rental pay-
            ment under paragraph 2-6.2h of the
            FTR for newly leased residence where
            employee has received less than 30
            days notice of transfer to new perma-
            nent duty station and where transfer
            prevented employee from occupying
            residence since such expense was
            incurred in settlement of lease inci-
            dent to change of duty station.

      This action is in response to a request dated September 5,
 1975, for an advance decision by an authorized certifying officer
 of the United States Department of Agriculture as to the propriety
 of certifying for payment the reclaim voucher in the amount of
 $155 of Robert H. Covell of expenses incurred in settling an
 unexpired lease at the time of his transfer of permanent duty
 station.

      The record shows that Mr. Covell was transferred from
 Milwaukee, Wisconsin, to Springfield, Missouri, on June 2, 1971,
 under the authority of Travel Authorization 1-R9-140. On May 4,
 1971, he entered into a lease contract commencing June 1, 1971,
 for an apartment in Delafield, Wisconsin, to serve as his perma-
 nent residence at his then permanent duty station in Milwaukee.
 The issue presented is whether an employee may be reimbursed for
 the advanced payment of rent he forfeited when he was prevented
 from occupying the apartment by the transfer to a new duty station.

      The lease provided, in pertinent part, as follows:

                 * **  Notice by either owners or rentors
          of termination of this Agreement must be made
          one full rental period Lmonthlyx in advance of
          the proposed termination of the tenancy. If no
          notice of termination of the tenancy is given

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