Renovation Is Not an Act of Vandalism

A building owner discovered that a tenant, who had a lease agreement for two units, renovated the rental space without the landlord's consent as directed by a condition in the lease. The renovations were discovered from a complaint to the building inspector due to discard of debris. The landlord was cited for renovation without proper permits having been secured and directed to fix the problem by tearing it out.

The landlord made a claim under the vandalism and malicious mischief coverage of his Building and Personal Property form, CP 00 10, with a Special Causes of Loss form, CP 10 30.

Is this loss vandalism or a civil dispute reflective of a contractual breach due to work done without consent?

Connecticut Subscriber

The vandalism peril requires a malicious and willful act. While the remodeling was willful, unless there was malicious intent to cause damage, it would not be considered vandalism. From what you describe, it does sound as if the tenant may have violated the terms of the lease, but that is a legal determination that we cannot make.