Manitoba Tenant Guide: Dealing with Unsafe Balconies & Railings

Balconies and railings are essential safety features in many Manitoba rentals. If they become loose, rusted, or structurally unsafe, tenants have clear rights and processes for addressing these hazards. Understanding provincial laws and repair procedures ensures your home stays safe and meets legal requirements.

Your Right to a Safe Rental in Manitoba

All tenants in Manitoba are entitled to live in homes that meet minimum health and safety standards. Unsafe balconies and railings—including missing spindles, rot, rust, or loose hardware—pose serious risks and should be dealt with promptly. According to the Residential Tenancies Act (Manitoba), landlords are responsible for keeping your rental unit, including outdoor spaces like balconies, in safe repair.^[1]

Health and Safety Issues Every Tenant Should Know When Renting covers broader health issues that may also impact your rental.

Landlord Obligations for Balconies and Railings

Landlords must:

• Repair and maintain balconies, decks, and railings to ensure they're safe to use
• Comply with provincial building and safety codes
• Respond promptly to tenant requests about safety issues

Failure to deal with a hazardous balcony or railing can be a violation of legal obligations. See Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more about these duties.

Notifying Your Landlord

As soon as you notice a dangerous condition, inform your landlord in writing. Include:

• Description and location of the problem (e.g., “Balcony railing on the second floor is loose”)
• Date you noticed the issue
• Request for timely repairs

Keep a copy of your communication for your records.

What to Do If Repairs Are Not Made

If your landlord does not respond or refuses to fix the unsafe balcony or railing, you have options:

• Contact Manitoba’s Residential Tenancies Branch to file a complaint
• Apply for an Order of Repair if the repair is urgent and the landlord is not acting
• Withhold paying for repairs yourself—unless the Branch approves—so you don’t risk violating your lease

For urgent safety threats, refer to Emergency Situations and Repairs: Tenant Rights and Responsibilities.

Relevant Forms: Applying for an Order of Repair

• Application for an Order of Repair (RTB Form #3): Used when your landlord does not address urgent health or safety repairs (like an unsafe balcony) after reasonable notice.
• Download the form and read instructions at the official Residential Tenancies Branch forms page.
• Example: You have emailed your landlord about a broken balcony railing but nothing has been done for 10 days. File Form #3, attach your proof of notification, and submit to the Branch.

What Happens After You File

Once you submit an Application for an Order of Repair, the Residential Tenancies Branch will:

• Review your application and evidence
• Notify your landlord and request their response
• Investigate the situation, which may include a property inspection
• Issue an Order for the landlord to complete repairs by a set deadline if they agree your claim is valid

This process is designed to protect your right to safe accommodation.

Summary of Key Manitoba Tenant Laws

The rules outlined here are based on the Residential Tenancies Act (Manitoba) and enforced by the Residential Tenancies Branch.

For a broader overview, see Tenant Rights and Landlord Rights in Manitoba.

Ready to move to a safer, updated home? Explore Houseme for nationwide rental listings and find your new place today.

FAQs About Balcony and Railing Safety in Manitoba Rentals

1. What should I do if my rental balcony or railing is unsafe?
   Notify your landlord in writing immediately, describing the issue and asking for prompt repairs. If they don’t respond, you can file a complaint with the Residential Tenancies Branch.
2. Can I refuse to pay rent if my landlord doesn’t fix a dangerous railing?
   No, do not withhold rent—you risk eviction. Instead, follow the Branch’s complaint process.
3. How quickly must my landlord fix an unsafe balcony?
   Repairs relating to health and safety should be addressed as soon as possible. In emergencies, contact the Residential Tenancies Branch without delay.
4. Is my landlord responsible for balcony repairs caused by weather or age?
   Yes, landlords must repair and maintain all building components, regardless of the cause, to meet safety standards.
5. Where do I get the official repair request forms?
   All forms, including the Application for an Order of Repair (Form #3), are available here.

Conclusion: Key Takeaways for Tenants

• You have the right to a safe home, including balconies and railings, under Manitoba’s tenancy laws.
• Your landlord must fix hazardous balconies or railings without delay.
• Use the Residential Tenancies Branch process if your landlord doesn’t act on safety concerns.

Need Help? Resources for Tenants

• Residential Tenancies Branch (Manitoba): Get official forms, file complaints, and view detailed tenant rights information.
• Download applications, including Form #3 (Order of Repair), from the Manitoba forms page.
• Learn more at Tenant Rights and Landlord Rights in Manitoba.
• Read about health risks and solutions at Health and Safety Issues Every Tenant Should Know When Renting.

---

1. Residential Tenancies Act (Manitoba)
2. Residential Tenancies Branch — Government of Manitoba
3. Residential Tenancies Branch: Forms

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy