Legal questions about rental agreements

Questioner

We (Sports Association) permanently rent accommodation (cafeteria) from the municipality, whereby everything is laid down in a rental agreement. The municipality owns the building and has taken out building insurance for it. Now my question is: who normally pays for the damage if glass is damaged during a burglary attempt or vandalism. The perpetrator(s) are unknown so there is no possibility of liability. Question 2: Can the municipality include in the rental agreement that this damage is the responsibility of the tenant?

Lawyer

In principle, this damage is for the account of the landlord/his building insurer. Such damage is NOT to be considered as damage that, according to the law or lease agreement, should be for the account of the tenant. Glass damage can also be charged to the business tenant. So what does the lease agreement regulate in this regard? Glass damage is often not covered as standard in building insurance and/or contents insurance and can be insured separately. First read the lease agreement, it often states something about who is responsible for what. If the agreement does not say anything about it: then I first of all establish that neither party is to blame for what happened, so that it is a matter of risk sharing. In that context, it applies that the landlord does not provide the required rental enjoyment due to circumstances. Of course, that is initially force majeure, but the landlord must still ensure that as soon as possible. In my opinion, this is therefore at the landlord's risk, because he must ensure good burglary prevention.

Questioner

The lease agreement does indeed state that glass damage is the tenant's responsibility. From the above, I understand that the landlord is entitled to include this in the lease agreement. Have I understood this correctly? The question remains how the tenant can insure himself against glass damage because the tenant probably cannot take out insurance on something he does not own. In short, how does the tenant insure himself against glass damage resulting from burglary damage, where liability therefore cannot play a role (if the perpetrator is unknown).