Unsafe Balconies & Railings: Tenant Rights in New Brunswick

Living with an unsafe balcony or railing in your New Brunswick rental can be worrying. Not only does this issue put your safety at risk, but it also means your landlord may be failing to meet their legal obligations to maintain the property. This guide explains what tenants should do when facing dangerous balconies or railings, the legal process in New Brunswick, and practical steps to resolve the problem.

Why Safe Balconies and Railings Matter

Balconies and railings in rental homes must be structurally sound and properly maintained to prevent accidents. Unsafe railings—whether due to rust, loose fixtures, rot, or instability—can lead to serious injuries. In New Brunswick, ensuring all parts of a rental are safe is part of a landlord's duty under the Residential Tenancies Act of New Brunswick^[1].

Your Rights and Landlord Responsibilities

Landlords are required to keep rental properties—including balconies and railings—in a good state of repair. This means:

• All railings must meet local building codes
• Balconies and railings should be free from hazards like rot, rust, or broken parts
• Any unsafe condition must be fixed promptly after being reported

Failure to repair unsafe features is considered a health and safety issue and may violate your rights as a tenant. Learn more in Health and Safety Issues Every Tenant Should Know When Renting.

Steps to Take if You Notice an Unsafe Balcony or Railing

If you spot a problem, act quickly. Here is a step-by-step approach:

• Document the hazard: Take clear photos and notes.
• Notify your landlord in writing: Send a dated letter or email describing the safety concern.
• Keep copies: Save all communication and evidence.
• Allow a reasonable time for repair: What’s reasonable depends on how urgent the issue is. For severe hazards, expect prompt action.
• If there is no response or the repairs are not made, move to formal complaint steps below.

Filing a Formal Repair Request or Complaint

If the landlord does not act, New Brunswick tenants can seek help from the Office of the Rentalsman—New Brunswick’s residential tenancy authority (official website). The Rentalsman can order repairs if required under the Residential Tenancies Act.^[1]

Key Form: Application to the Rentalsman (Form 6)

• Form Name: Application for Enforcement of Tenant’s Rights (Form 6)
• When to use: If your landlord refuses or ignores requests to fix a dangerous balcony or railing after you’ve notified them in writing.
• How to use: Fill out Form 6, attach documentation (photos, correspondence), and submit it to the Office of the Rentalsman. Download Form 6 from Service New Brunswick.
• Example: If you reported a wobbly railing to your landlord 10 days ago, and nothing was done, you can use Form 6 to ask the Rentalsman for an order to repair it.

What Happens Next?

The Office of the Rentalsman will review your application and may contact both parties. They may order the landlord to make urgent repairs or, in case of ongoing non-compliance, provide further remedies.

Health and Safety Inspections

You can also contact your local municipal building or bylaw office. City inspectors may be able to order repairs if the condition violates building or fire codes.

For Major Safety Concerns

• If you or anyone else is in immediate danger, call 911.
• Contact public health or building officials for urgent hazards.
• Gather evidence such as inspector’s reports to support your rental case.

Routine and Emergency Repairs

Unsafe balconies often require urgent attention. For details on the difference between standard and urgent repairs, visit Emergency Situations and Repairs: Tenant Rights and Responsibilities.

What If Repairs Aren’t Made?

If your landlord fails to comply with an order from the Rentalsman, additional measures—like rent abatement or seeking alternate accommodations—may be available. Always keep thorough records of your reports and official communications so you can support your claims, should the matter escalate.

Know Your Rights as a Tenant

To understand your general rights and obligations in New Brunswick rentals, refer to Tenant Rights and Landlord Rights in New Brunswick.

If you’re still searching for housing, Find rental homes across Canada on Houseme for safe, quality listings near you.

Frequently Asked Questions About Unsafe Balconies and Railings

1. What should I do first if my balcony or railing is unsafe?
   Document the hazard and notify your landlord in writing as soon as possible. If it’s an urgent safety risk, avoid using the area.
2. How long must my landlord take to fix a dangerous railing?
   Landlords must address safety-related repairs promptly. If they delay, you can escalate by filing Form 6 with the Rentalsman.
3. Can I withhold rent if repairs are not done?
   Generally, you cannot withhold rent. Instead, follow the formal complaint process through the Rentalsman.
4. Who enforces rental safety laws in New Brunswick?
   The Office of the Rentalsman is responsible for enforcing the Residential Tenancies Act and resolving tenant safety complaints.
5. What evidence should I provide for a complaint?
   Photos, written notices to your landlord, any inspector reports, and copies of all correspondence help demonstrate the problem.

Key Takeaways for Tenants

• Unsafe balconies and railings should always be reported to your landlord in writing, with evidence.
• If landlords fail to address repairs, tenants can use Form 6 to seek help from the Rentalsman.
• Immediate hazards should be avoided and reported to both the landlord and appropriate local authorities.

Stay informed and proactive: knowing your rights can help you get timely repairs and protect your safety.

Need Help? Resources for Tenants

• Office of the Rentalsman (Service New Brunswick): Official site, complaints, and forms
• Residential Tenancies Act (NB): Full legislation
• New Brunswick Tenant Advocacy: Provincial or local tenant organizations can offer advice and support.
• Need more info? See Tenant Rights and Landlord Rights in New Brunswick for broader topics.

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1. Residential Tenancies Act, SNB 1975, c R-10.2

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