Owners4 min read

Will they wreck my flat? Vandalism versus normal wear

Short answer: most of the damage a landlord finds when the keys come back is not vandalism, and no guarantee covers it. Chipped paint, worn handles, a scratched hob and a filthy flat are intensive use, paid for out of the deposit. Vandalism is something else: visible, deliberate violence. That is compensated — up to €3,000 with no excess — but only if you hold a photographic annex signed by the tenant on the day of signing.

The exact line: three ways something breaks

  • Accidental: nobody is at fault; the circumstances were unforeseeable. The landlord, or home insurance, absorbs it.
  • Negligent: caused by poor maintenance or careless use. This is most of what you find at the end of a tenancy, and it comes out of the deposit.
  • Deliberate: damage caused in bad faith, intending to destroy. This, and only this, is vandalism, and it is a criminal offence of criminal damage.

The practical test is simple: can you see the violence? If visible, deliberate force was needed, it is vandalism. If the damage is consistent with using the flat carelessly for two years, it is not.

This is vandalism

  • Breaking a door through violent action.
  • Opening a sizeable hole in a wall.
  • Tearing off skirting boards or door frames.
  • Smashing windows or doors.
  • Breaking bathroom ceramics where violent force was required.
  • Deliberately scoring a wooden floor — not the wear of walking on it.

This is not vandalism (however it feels)

  • Deteriorated paintwork.
  • Wear or poor maintenance of fitted kitchen appliances: oven, extractor, hob.
  • Small breakages or damage to fittings.
  • Scuffs, flaking paint and damp patches on walls.
  • Mechanical wear on handles, taps and switches.
  • Lack of cleaning, maintenance or clearing out of the property.

The detail almost nobody knows: theft is not vandalism

Vandalism has no profit motive. The vandal gains nothing; they damage to damage. Theft does have one: someone takes something because it is useful or sellable.

So if the appliances, the boiler or the radiators are missing when you get the flat back, that is not vandalism — it is theft, reported and claimed through a different route. Confusing the two is the single most common reason a claim is rejected.

How you actually get paid: the photographic annex

The general conditions leave no room: to receive vandalism compensation «it is essential to hold a photographic annex signed by the tenant, at the time the tenancy agreement is formalised, evidencing the state of the property at that moment».

  • The photos must be taken on the day of signing.
  • They must form an annex signed by the tenant. Photos on your phone prove nothing against anyone.
  • They must show every room as it really is, including what nobody photographs: skirting boards, frames, the inside of wardrobes, floors, full bathrooms.

Without that annex the €3,000 of cover exists on paper and cannot be enforced. It is by far the most commonly skipped requirement.

So what is the deposit for?

The order it is applied in is not the one people assume. In a claim, the tenant's deposit goes first to unpaid rent, then to vandalism damage, and last to any other agreed loss. If your tenant both stopped paying and broke things, the deposit is consumed by the rent before it ever reaches the damage — which is precisely why the vandalism cover matters.

What we do at every move-in

  • We produce the signed photographic annex at signing, room by room, and hand it to you with the contract.
  • We take an inventory of furniture and appliances, with make and condition.
  • At move-out we repeat the same walkthrough, so the comparison is objective rather than an argument.
  • If there is damage, we classify it before claiming: wear goes to the deposit, vandalism to the guarantee. Claiming through the wrong route loses you both.

Frequently asked questions

My tenant left the flat filthy. Is that covered?

Dirt, neglect and lack of cleaning are not vandalism. They come out of the deposit, against a cleaning or repair quote.

How much is covered, and is there an excess?

Up to €3,000, with no excess — from the first euro, even with no missed rent. Most policies on the market apply an excess from €300.

Do I need to report it to the police?

Vandalism is criminal damage. Reporting it strengthens the claim and is often the only way to evidence intent.

Definitions and examples taken from SEAG's vandalism documentation and the General Conditions of its Rental Guarantee (version V20251003).