Unsafe Balconies and Railings: Tenant Maintenance Guide NL

As a tenant in Newfoundland and Labrador, your home should be a safe place. Unsafe balconies and railings are more than an inconvenience—they're a serious health and safety hazard. This guide explains your rights, what to do if your balcony or railing is dangerous, how to get repairs, and the legal protections for renters in Newfoundland and Labrador.

Recognizing Unsafe Balconies and Railings

Loose railings, cracked concrete, rotting wood, or rusted metal are all signs your balcony may be unsafe. If you notice any of the following, repairs are likely needed:

• Wobbly, broken, or missing rails
• Cracked flooring or visible gaps
• Damage after storms or due to age
• Signs of structural weakness

Safety concerns of this kind are considered health and safety issues by the province.

Your Rights and Landlord's Duties

Under Newfoundland and Labrador's Residential Tenancies Act, 2018^[1], landlords must maintain their rental units in a good state of repair and ensure they comply with health and safety standards. This includes fixing dangerously damaged or unsafe balconies and railings.

Tenants are responsible for alerting their landlord about maintenance issues as soon as reasonably possible. In return, your landlord is required to address the problem in a timely fashion.

For a general overview of tenant and landlord responsibilities in Newfoundland and Labrador, see the Tenant Rights and Landlord Rights in Newfoundland and Labrador page.

How to Request Balcony or Railing Repairs

If you discover a problem with your balcony or railing, take the following steps:

• Document the issue: Take clear photos and/or video. Note the date you noticed the issue and its location.
• Notify your landlord in writing: Email or write a letter describing the hazard, attaching your documentation. Request repairs within a reasonable timeframe.

If your landlord does not respond or refuses to make necessary repairs, you may have further options. Unsafe balconies and railings often qualify as urgent health and safety issues.

Emergency Repairs: Your Options

Some repairs can't wait. According to Newfoundland and Labrador law, issues that pose an immediate threat to health or safety, such as an unsafe balcony, may require urgent action. In serious cases, you can:

• Contact the landlord by phone and follow up in writing, stating the risk involved.
• Apply to the Residential Tenancies Section if repairs are not completed promptly.

For more on urgent repairs and reporting procedures, see Emergency Situations and Repairs: Tenant Rights and Responsibilities.

Tip: Keep a written record of all your communications with the landlord, including dates and outcomes. This may be useful if you need to file a complaint.

Filing a Repair Complaint with the Tribunal

If your landlord still does not remedy the safety issue after notification, you have the right to file an application with the Residential Tenancies Section of Service NL (the province's official rental dispute resolution body).

• Use the form: Application to Residential Tenancies (Form 6)
• When to use: If your landlord refuses or neglects to fix a dangerous balcony or railing after written notice
• How to use: Complete and submit this form to the Residential Tenancies Section. Clearly describe the issue and what you want resolved, attaching any evidence (photos, correspondence).

Learn about the process after submitting forms and what to expect next in What Tenants Need to Know After Signing the Rental Agreement.

Health and Safety Protections for Tenants

Rental units must meet basic health and safety standards. The Health and Safety Issues Every Tenant Should Know When Renting page explains your right to a safe living environment—which includes secure balconies and railings. Municipal inspectors may also be contacted in severe cases for official safety inspections.

For those comparing rental options or seeking safer homes, you can Find rental homes across Canada on Houseme with interactive map tools and verified safety features.

FAQ: Unsafe Balconies and Railings in Newfoundland and Labrador Rentals

1. What should I do first if my balcony or railing seems unsafe?
   Notify your landlord in writing right away. Document the problem with photos and keep records of all communications.
2. Can I withhold rent if my landlord doesn't fix an unsafe balcony?
   No, tenants in Newfoundland and Labrador cannot withhold rent. If a landlord fails to act, file a complaint with the Residential Tenancies Section instead.
3. What official complaint form should I use for urgent repair or safety issues?
   Use the Application to Residential Tenancies (Form 6) to request repairs through the Residential Tenancies Section. Attach your written evidence and documentation.
4. Are balconies and railings always the landlord's responsibility?
   Yes, under the Residential Tenancies Act, 2018, landlords must keep key structures—including balconies and railings—safe and in repair.
5. Where can I learn more about my housing rights in Newfoundland and Labrador?
   Visit the Tenant Rights and Landlord Rights in Newfoundland and Labrador resource page.

Key Takeaways

• Always report unsafe balconies or railings to your landlord in writing and document the problem.
• Your landlord has a legal duty to make repairs under provincial law.
• If repairs aren't done quickly, you can file an application with the Residential Tenancies Section.

Maintaining your own records and knowing your legal rights helps ensure your safety at home.

Need Help? Resources for Tenants

• Residential Tenancies Section – Service NL (official tribunal for tenancy disputes)
• Official Landlord and Tenant Forms, including Form 6 for repair complaints
• For legal support, contact local tenant organizations or the provincial Public Legal Information Association of Newfoundland and Labrador (PLIAN).
• For other tenant concerns, review Tenant Rights and Landlord Rights in Newfoundland and Labrador.

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1. Residential Tenancies Act, 2018 (Newfoundland and Labrador)

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