About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-201153 1 (1982-01-18)

handle is hein.gao/gaobadkag0001 and id is 1 raw text is: 

/


DECISION


TH13ECOMPTROLLER IENERAL
OF THE UNITED I'ITATES


WASHINOTON, 0.o0, U20540


B-201153


DATE:  January 18, 1982


MAT?!R Of


DIGEST;


F;


H. Roy Fisais - Lease Termination Expenses


                                   I
1.  A transferred employee claims expenses
    incurred in settling an unexpired ;ease
    on property which included both hil
    former residence and income-producing
    farmland.  Federal Travel Regulations
    (FTR) paragraph 2-,6.1 (May 1973) author-
    izes the agency to reimburse those
    expensns incurred for settling an unex-
    pired lease involving the employee's
    residence.  In an analogous situation,
    where a transferred employee buys or
    sells a large tract of land, we have
    held that FTR para, 2-6.1f limits reim-
    bursement of real estate expenses to
    those associated with conveyance of the
    residence and the land which reasonably
    relates to the residence site,  54 Camp.
    Gen. 597 (1975).  Accordingly, the pro
    rata reimbursement rule set forth in
    54 Comp. Gen. 597 should be applied to
    the leased land in this case,

2. A transferred employee did not promptly
    move his family off the leased land,
    thus failing to mitigate his damages.
    The lessor exercised his option under
    the lease, available due to the vaca-
    tion of the land after the beginning
    of a new lease year, to require payment
    of $750 in addition to the $750 minimum
    liquidation payment.  Reimbursement of
    the $750 holdover fee is not authorized
    because the employee failed to promptly
    move his family off the property prior
    to the beginning of the new lease year.
    FTR para. 2-6.2h. Reimbursement of the
    prorated portion of the $750 minimum
    liquidation payment may be made by
    the agency if it determines that the
    employee could not reasonably have been
    expected to sublease the property.


FILE:


-* pI. * -,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most