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GSA’s motion for summary on an agency claim for reimbursement of rent is denied. GSA claimed it was owed money under a lease because the contractor had leased the space to a third party while GSA was still a tenant. But the board found that there were issues of fact as to whether GSA had abandoned the lease. The government had vacated the premises, and it was unclear whether GSA had continued to pay the contractor rent.

GSA leased a building from Meld, LLC. The lease stated the term of occupancy would end in November 2018.

But in 2015, GSA informed Meld that the tenant agency had vacated the premises. GSA claimed it told Meld that the agency was reducing rent under the lease’s vacant space clause. It was not clear, however, that the GSA continued to pay Meld rent.

In March 2018, GSA learned that Meld had been leasing the space to a charter school for several months. GSA issued a final decision stating that its lease with Meld was terminated, and the company had to reimburse the agency’s rental payments. 

Meld appealed to the CBCA. GSA moved for summary judgment.

The board denied GSA’s summary judgment due to issues of material fact. While GSA claimed it had never abandoned the lease, the board did not think this was clear. While the record showed the parties had discussed ending the lease, there was no evidence that Meld had ever accepted GSA’s offer to invoke the lease’s vacant space clause. Moreover, while GSA contended that it paid Meld rent, there was no evidence rental payments continued after 2015.

Meld is represented by Charles Rennick and Samuel C. DeFillippo of Robles, Rael & Anaya, P.C. The government is represented by Kristi Singleton of GSA.