March 29, 2007
                                
                                
                         CBCA 651-RELO
                                
                                
              In the Matter of LORENZO HENDERSON 
                                
                                
     Lorenzo Henderson, Bryans Road, MD, Claimant. 

     Tammy S. Alphonse, Program Analyst/Authorized Certifying Officer, Department
of Agriculture, Washington, DC, appearing for Department of Agriculture. 

SOMERS, Board Judge.

     Under 31 U.S.C.  3529 (2000), a disbursing or certifying official or agency head
may request a decision from the Board regarding expenses incurred by a federal civilian
employee for official travel and relocation expenses incident to a transfer of official duty
station.  The Board's response to the agency's request is referred to as an "advance
decision."  Danny Dean Butrick, CBCA 515-RELO (Mar. 19, 2007); Andrew W. Frank,
GSBCA 16919-RELO, 06-2 BCA  33,364.

     The Department of Agriculture (USDA) has asked the Board whether it can
reimburse claimant for lease termination expenses of $935 resulting from claimant's
permanent change of station (PCS).  For the reasons set forth below, we find that the
claimant is not entitled to reimbursement.
                                             
                           Background
                                
     In August 2003, Lorenzo Henderson, an employee of USDA, entered into a lease
agreement with CZS Development LLC in Morgantown, West Virginia, for the rental of an
unfurnished apartment.  Pursuant to the lease agreement, Mr. Henderson provided the
landlord with a security deposit in the amount of $695.  The landlord agreed to return the
security deposit to Mr. Henderson at the conclusion of the lease period provided that the
leased premises had suffered no damage other than normal and reasonable wear and tear. 


     Specifically, the lease stated that the security deposit would not be returned until the
tenant had accomplished, among other things, the following: (1) cleaned all walls and
ceilings, painting any marks or stains; (2) professionally shampooed all carpets, and
provided a receipt for verification; (3) scrubbed and waxed all floors; (4) cleaned all
fixtures; and (5) cleaned the stove, refrigerator, and kitchen cabinets.  The lease specified
that the tenant would be charged for any services that the tenant failed to complete as
required.  In addition, an addendum to the agreement stated that the landlord would
terminate the lease should the tenant be transferred.  However, the tenant would be required
to provide written notice thirty days prior to vacating the apartment, and the tenant's
employer must submit a relocation letter to the landlord.  

     In the spring of 2005, Mr. Henderson transferred from Morgantown, West Virginia,
to Washington, D.C., where he reported to his duty station on March 6, 2005.  On May 5,
2005, Mr. Henderson submitted a claim for $935 for lease termination expenses.   

     The USDA denied his request for reimbursement because the agency believed that
the lease termination expenses represented maintenance fees, which are not reimbursable. 
By letter dated August 1, 2005, Mr. Henderson sought reconsideration of the denial of his
claim.  He contends that the amount sought is for breach of the lease agreement and not for
"cleaning expenses."  

                           Discussion

     The Federal Travel Regulation provides that expenses incurred by a transferred
employee for settling an unexpired lease are reimbursable by the agency, provided certain
requirements are met.  One requirement is that the employee must have actually incurred the
expenses.  A second requirement is that the terms of the lease or applicable laws provide for
payment of the settlement expenses.  Another requirement is that the expenses cannot be
avoided.  41 C.F.R. 302-6.2(h) (2000).  A security deposit can be reimbusrsed as a lease-
breaking expense, but only if all of the regulation requirements are met.  See, e.g, Paul S.
Sayah, GSBCA 14356-RELO, 98-1 BCA  29,595. 

     Here, the documentation includes a bill from CZS Development, dated April 12,
2005, which details a list of deductions subtracted from the security deposit.  The list
contains the following expenses:   
          
          Painting:                $365
          Cleaning: eight hours           140
          Carpet Cleaning                 140
          Maintenance: four hours         140
          Damages:                   150
          Total deductions:             $935

Because the amount exceeded the security deposit of $695, the landlord billed Mr.
Henderson for an additional $240.  The record shows that the expenses billed were not
unavoidable lease-breaking expenses.  Rather, the claimant incurred the expenses because
he failed to leave the apartment in an acceptable condition.  The security deposit is not
reimbursable when forfeiture could have been avoided.  See Samuel G. Baker, GSBCA 
15408-RELO, 01-1 BCA  31,276.   

                            Decision

     We affirm the agency's denial of Mr. Henderson's claim.

                                        

                                   _______________________________
                                   JERI KAYLENE SOMERS
                                   Board Judge