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B-199451 1 (1980-10-07)

handle is hein.gao/gaobadipp0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, 0C. 20548 / 4IO7~-14AAA, tA /47 An/ FILE: B-199451 CATE:October 7, 1980 MATTER OF: Lawrence E. Vogltanz, Jr. DIGEST: Member's claim for reimbursement for damages.to property, court costs and attorneys fees, paid to landlord pursuant to court order, when member vacated apart- ment to move into Government quarters is denied because no statute or regulation exists which would allow payment. Lease agreement is considered contractual agreement between two private parties and remedies available are on basis of that contract. This is in response to a letter, dated June 9, 1980, requesting reconsideration of our Claims Division's denial of the claim of former Army member Lawrence E. Vogltanz, Jr. for $389 awarded to his land- lord by a German court. He also asks if there is any recourse he can pursue if our decision is unfavorable to him. For the following reasons the denial of his claim is sustained. The record shows that in May 1976 Mr. Vogltanz made a permanent chanqe of station (PCS) move to Germany. Upon arrivinq in Germany he obtained non- Government cuarters in order to have his dependents reside with him until Government quarters were available. In September of that year Mr. Vogltanz was informed that he and his family could move to Government quarters. He provided his landlord 30 days notice that he would be leaving, as required by his lease. Pursuant to agreement with Mr. Vogltanz, the landlord retained the damage deposit to cover October's rent. The landlord inspected the apartment and listed various things which were damaged or missing and for which he expected reimbursement. Mr. Vogltanz con- tested his responsibility for the damaged and missing items and did not reimburse the landlord for these things. Subsequently, the landlord sued Mr. Vogltanz for nonpayment of rent and then changed the charges to

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