Vandalism or Remodeling?

October 31, 2016

The insured has a CP 00 10 06 07, Causes Of Loss – Special Form. He rented his property to a tenant for what he thought would be a discount store but learned the property was being used as a marijuana dispensary. The insured sent a Notice to Tenant to Terminate lease, but the tenant refused to leave until the eviction was adjudicated.

The tenant made unapproved alterations and remodeled the rented space. Any and all alterations, per terms of lease, were to be approved by the insured. The insured never gave such permission and believes this should all be considered vandalism.

Virginia Subscriber

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