LANDLORDS · FLORIDA & NEW JERSEY

Vandalism and Tenant Damage Insurance Claims: What’s Covered, What’s “Intentional”

By Nelson Avila, Licensed Florida Public Adjuster (License G332385) · Florida Certified Contractor
Homeland Public Adjusters · Last reviewed: October 2026

Vandalized interior of a rental unit in Miami, Florida with damaged walls and fixtures

The deposit comes first, the policy second, and the vacancy clock runs the whole time

Short answer: Vandalism and malicious mischief are covered perils on the standard homeowners and landlord policies, with one large exception: most forms drop the coverage once the dwelling has been vacant for more than 60 consecutive days before the loss. The intentional-loss exclusion carriers cite applies to acts by an insured, not to a tenant, a guest or a stranger. Tenant damage is the harder case, because the policy pays for a covered peril, not for wear, neglect or an unpaid repair bill.

Vandalism: covered, with a vacancy clock

The ISO special form excludes vandalism and malicious mischief “if the dwelling has been vacant for more than 60 consecutive days immediately before the loss,” and adds that a dwelling under construction is not considered vacant. The dwelling fire form landlords use (DP-3) carries the same 60-day rule. Vacant means no one living there, with the furniture gone; a furnished rental between tenants, a short-term rental with turnover, or a house whose owner is away is usually unoccupied, not vacant, and the distinction decides the claim. Our guide to vacant rental property covers the clock and the vacancy permit endorsement.

Vandalism and theft by the numbers

60 daysConsecutive days of vacancy after which the standard form stops covering vandalism (ISO HO-3 / DP-3)

$9,043Average claim for “all other property damage,” the category that includes vandalism and malicious mischief, 2019–23 (III)

0.6%Share of homeowners insurance losses from theft in 2023, averaging $5,524 per claim (III)

15 / 30 daysFlorida landlord deadlines to return a deposit, or to give notice of a claim on it (Fla. Stat. 83.49)

Sources: Merlin Law Group, Don’t unwittingly abandon your property (HO-3 vacancy wording) · FC&S via PropertyCasualty360, Vacancy, occupancy and vandalism (DP-3) · Insurance Information Institute, Homeowners and renters insurance facts · Fla. Stat. 83.49

“Intentional” means the insured, not the tenant

Every property policy excludes a loss the insured caused intentionally. A tenant is not an insured under the landlord’s policy, a guest is not an insured under a host’s policy, and a stranger with a crowbar is not an insured under anyone’s. Their deliberate destruction is vandalism, which is the covered peril. Carriers sometimes blur the line and deny a trashed unit as “intentional damage”; the answer is the policy’s definition of insured.

Tenant damage: three different things

What the tenant did	Treatment	Where the money comes from
Holes punched in walls, smashed fixtures, graffiti, torn-out cabinets	Vandalism	Security deposit first, then the landlord’s policy for the excess, which can pursue the tenant
Stained carpet, dirty walls, worn flooring, a broken blind	Wear and tear or neglect	Deposit; not an insurance claim
A grease fire, an overflowing tub, a frozen pipe in an unheated unit	A covered peril caused by negligence	The landlord’s policy; negligence by a tenant is not an exclusion. See tenant-caused damage versus a covered loss
Stripped copper, stolen appliances, a removed water heater	Theft	The standard HO-3 excludes theft from a part of the premises rented to others, and the basic DP-3 does not cover theft unless endorsed; the building damage done while stealing is vandalism
An unauthorized grow operation	Depends on the form	Often argued as intentional, illegal use or vandalism; see grow operation damage

The deposit and the lease come first

Florida requires a landlord to return a deposit within 15 days after the tenancy ends or to give written notice of a claim against it within 30 days, after which the tenant has 15 days to object (§83.49); a tenant in breach gets a 7-day notice under §83.56. New Jersey caps the deposit at one and a half months’ rent and requires its return within 30 days. Carriers expect the deposit to be applied before the policy pays, and they will ask for the move-in inspection, the lease and the deposit accounting. A landlord without a dated move-in condition report is arguing from memory.

What to do when you find the damage

Photograph and video every room before cleanup, with the date visible, and the exterior and entry points.
File a police report the same day for vandalism, theft or a break-in, even if you do not expect an arrest; the report number opens the claim.
Pull the lease, the move-in inspection, the deposit accounting and any notices sent to the tenant.
Establish the vacancy facts: the last day the tenant lived there, the utilities, the furniture, your own visits.
Secure the property (locks, boards) and keep the receipts; emergency protection is reimbursed.
Call Homeland before the carrier so the loss is described as what it is: vandalism by a non-insured, not “tenant damage.”
Watch the clocks: Florida notice within 1 year (§627.70132); New Jersey carriers must begin investigating within 10 working days (N.J.A.C. 11:2-17.7).

Frequently asked questions

Is vandalism covered by homeowners or landlord insurance?

Yes, as a named peril, unless the dwelling was vacant more than 60 consecutive days before the loss. Vandalism includes damage done by a tenant, a guest or a stranger; the intentional-loss exclusion covers only acts by an insured.

My tenant trashed the unit on the way out. Is that a claim?

The deliberate destruction is vandalism and is covered after the deposit is applied. Dirty walls and worn carpet are wear and tear and are not. The move-in inspection and photographs decide which is which.

The unit was empty for three months and was vandalized. Why was I denied?

The 60-day vacancy exclusion. A vacancy permit endorsement keeps vandalism coverage on an empty property; without it, the claim depends on showing the property was occupied, furnished or under construction.

Thieves stripped the copper and the A/C. Is that covered?

The damage they did to the building to take it is vandalism; the stolen items are theft, which the basic landlord form does not cover and the homeowners form excludes from a part of the premises rented to others. Many landlord policies add theft by endorsement.

Can my carrier go after the tenant?

Yes. After it pays, the carrier can pursue the tenant for what it paid (subrogation), and you can pursue the deposit and a judgment for the rest.

Does a short-term rental guest count as a tenant?

A nightly guest is neither an insured nor, on most forms, a tenant; guest vandalism is covered on an occupied property. See our short-term rental page for the business-use question that comes first.

Homeland serves policyholders in Miami Gardens, Lakeland and Camden, with local lines and a licensed public adjuster who calls back right away.

If this is your loss, call Homeland before you talk to the insurance company: Florida (305) 783-3777, New Jersey (732) 517-3777, 24 hours. A licensed public adjuster reviews the claim for free and calls you back right away. No Recovery, No Fee.

Sources

This article is for general information only and is not legal or insurance advice. Statutes, regulations and policy wording change, and how they apply depends on your own policy and the facts of your claim. Homeland Public Adjusters is a public adjusting firm, not a law firm.

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