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B-208708 1 (1983-04-15)

handle is hein.gao/gaobadlai0001 and id is 1 raw text is: 1ECISIO FILE: B-2 MATTER OF DIGEST: THE COMPTROLLER GENERAL OF THE UNITEO STATES WASHINGTON. 0.C. 20548 DATE: April 15, 1983 208708 Norman Mikalac To settle lease which did not contain termination clause, transferred employee paid rent for unexpired 4-1/2 month term of lease. Employee is entitled to full amount of lease settlement expenses paid in avoid- ance of potentially greater liability. Reimbursement is not diminished by agency's finding that it is customary for landlord to refund rent when he has relet premises during unexpired term of lease since reim- bursement is governed by terms of lease and not what is customary in locality. By letter of July 21, 1982, an authorized certify- ing officer with the Defense Logistics Agency requested an advance decision on the reclaim of Mr. Norman Mikalac for a month's rent paid in connection with the settle- ment of an unexpired lease. The request was forwarded through the Per Diem, Travel and Transportation Allow- ance Committee and assigned PDTATAC Control No. 82-20. The employee's payment of rent for the 4-1/2 month period of the unexpired lease term was in settlement of a potentially greater liability under the terms of that document. For this reason and because neither state law nor the terms of the lease obligated the landlord to relet the premises and hold any rent received for the account of the former tenant, the employee is entitled to the full amount of the settlement, notwithstanding the fact that the former landlord relet the premises for the last month of the lease term. By Travel Order No. TGB 81-C-0831, dated July 16, 1981, Mr. Mikalac was transferred from Philadelphia, Pennsylvania, to a position with the Defense Logistics Agency in Baltimore, Maryland. At the time he was notified of his transfer Mr. Mikalac was residing in a house he had rented under a 1-year lease which expired December 31, 1981. The lease contained no termination clause and did not permit subletting without approval by the landlord.

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