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B-192026 1 (1978-10-11)

handle is hein.gao/gaobadglt0001 and id is 1 raw text is: U r 'THE COMPTROLLER GENERAL WASHINGTON. D.C. 204U PILE: 8-192026 DATE: October 11, 1978 MATTER OF: Stuart Weisberg - Travel Expenses - Apartment Security Deposit DIGEST: Although employee could anticipate forfeiting $150 security deposit under- a 6-month apartment lease becauqe his temporary duty was scheduled to end be- fore expiration of the lease, hi& lodging arrange- ments for'temporary duty were reasonable and prudent. The security duposit was necessary to obtain a rental ratesubstantially less than rates quoted for a hotel or motel. The apartment management did not regard the termination asa violation of the lease. Conaequently, the security deposit may be reimbursed. This decislc responds to a request from Dorothy S. Wells, Authorized Certifying OffiCr, National Labor Relations Board, concerning reimburse- ment of an apartment security deposit as an item of actual subsistence expense cl-aied by Mr. Stuart Weisberg, an employee of the Board. The specific question for decision is whether ,Mr. Weisberg may be reimbursed for the cost of .the security deposit on che basis that he ex- ercised the same care in incurring expenses that a ptudent person would exercise if traveling on personal business, as provided in paragraph 1-1.3a of the Federal Travel Regulations (FPMR, May 1973). Incident to temporary Juty'on an actual autsistence expense basis in Los Angeles, California, Mr. Weisberg, on May 1 1977, rented &i apart- ment uhder a 6-month lease, although he expdcted his temporary )uty to continue for a lesser period. 'He paid a security deposit of $150 which he expected to forfeit because the lease agrt zuent provided that the de- posit would be returned only if he complied wi'th the lease provisions, and he anticipated terminating Lhe-lease before the expiration of the Ltmdnth term. ':Forfeiture of the security drposit was anti'cipated since temporary dt was authorized for only 60tGas when the 6-month lease was signed, although extensions to 120 daye.were later grated. Mr. Weisberg evidently entered into this arrangement because the satnent management permitted shortening of-the lease perfod without demanding m6re than for- feiture of 'the 'security deposit. According to him, the apartment was cheaper, closer to his Workplace, and more homelike than a motel or hotel quoting daily rates of $22 and $30. Mr. Weisberg did in fact prematurely terminate the lease after approximately 4 months (123 days) when his temporary duty ended. Consequently, he forfeited the security deposit. I II I

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