My landlord forbids babies and my wife is pregnant, what do we do?

Question: 

Hello Mario, Is it defensible for a tenancy agreement to include a clause that explicitly forbids children? We rented a 2BR apartment in Dubai for a year, and my wife became pregnant soon after, which means we are now technically in violation of one the agreement’s clauses that we could not anticipate would be a concern at the time we signed the lease. It just struck us as a somewhat unconscionable and unfair clause on the part of the landlord. Thank you,

Answer:

Thank you for your email.

A contract is a binding agreement between 2 or more parties. This agreement can only be effective unless it breaks public policy. Having read your dilemma, I can safely say that no judge in the land would uphold this contract so I believe you should have no worries as to remaining in the property even after the birth of your child. Your landlord will obviously disagree so your only option is to open a case at the rental committee, whereby I believe your rights will be upheld by the judges. I stress that this is just my opinion and cannot be relied upon 100%.

Good luck.

I hope this has helped.

The above answer has been brought to you by Mario Volpi who is the Managing Director of Ocean View Real Estate in Dubai. Mario has 30 years of property industry experience in Dubai and London.

The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice.

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