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B-192129 1 (1979-03-08)

handle is hein.gao/gaobadgzk0001 and id is 1 raw text is: 






DECISIN





FILE:  B-192129


         THE  COMPTROLLER GENERAL
         OF   THE UNITED STATES
         WASHINGTON, D. C. 20548
IT                                            -3-~$


DATE:  March 8, 1979


MATTER OF: Paul S. Skabo -     elocation Expenses , Settlement of
               Unexpired Lease


DIGEST:


Transferred employee who terminated unexpired lease at
old duty station claims reimbursement for the forfeiture
of security deposit of $250 consisting of $100 premises
deposit and $150 pet deposit. Employee may be reimbursed
for full amount forfeited. pursuant FTR para. 2-6.2h
where facts show that forfeiture of pet deposit was
incident to termination of unexpired lease as result of
transfer and was in no way related to possession of pet.


     By letter dated June 7, 1978, Mr. H. Frank Hann, Director, Financial
Management Division of the National Aeronautics and Space Administration
(NASA), requested an advance decision on the claim of Mr. Paul S. Skabo,
an employee of NASA, for reimbursement of $250 forfeited as a security
deposit when he terminated a lease in connection with a permanent change
of station.


     The record shows that Mr. Skabo, at the time an
Federal Aviation Administration in Atlanta, Georgia,
NASA on November 16, 1977, that he had been selected
the Johnson Space Center, Houston, Texas. Mr. Skabo
required service agreement on November 21, 1977, and
Houston on November 27, 1977.


employee of the
was notified by
for a position at
executed the
entered on duty at


     Mr. Skabo occupied rented quarters at his old duty station. His
lease was for the term commencing on September 1, 1977, and expiring
on February 28, 1978. The lease required him to pay a security deposit
in the amount of $250. This security deposit consisted of a premises
deposit of $100 and a pet deposit of $150. Section 19 of the lease
provided, in pertinent part, that a resident who terminated his lease
due to an employment transfer was released from the conditions of the
lease agreement.  However, upon such a termination, the entire security
deposit vested in the apartment manager. By letter of November 27, 1977,
Mr. Skabo was advised by the assistant apartment manager that due to
his failure to fulfill the full term of the lease because of his transfer,
his security deposit of $250 was being retained.

     The Federal Travel Regulations (FPMI 101-7, (May 1973) para. 2-6.2h
provides, in pertinent part, that expenses incurred for settling an
unexpired lease of residence quarters occupied by the employee are
reimbursable when the terms of the lease provide for settlement expenses.

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