Henderson was transferred to Washington DC where under his apartment rental agreement he paid a security deposit of $695 which was to be returned if he cleaned the apartment, shampooed carpets, scrubbed and waxed floors and cleaned fixtures and appliances. Upon leaving Henderson was billed $935 for the costs of painting, cleaning, carpet cleaning, damages and maintenance where the $695 deposit would be credited with an additional amount of $240. When Henederson claimed the $935 dollars, the agency refused and the Board rejected Henderson’s claim asserting he was entitled to the costs of breaking a lease but only if (1) the employee actually incurred the expenses (2) the terms of the lease provide for payment of the settlement expenses and (3) the expenses cannot be avoided. Here the $935 was not an unavoidable cost but he had incurred the expenses because he had failed to leave the apartment in an acceptable condition (Lorenzo Henderson, CBCA 651-RELO).

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