Nunavut Tenant Guide: Unsafe Balconies and Railings

Living in a rental with unsafe balconies or railings can put your safety—and peace of mind—at risk. If you’re a tenant in Nunavut, it’s important to know your rights and what steps to take when these structural issues arise. This guide explains your legal protections, the repair process, and where to seek help for these health and safety concerns under Nunavut law.

Why Safe Balconies and Railings Matter for Nunavut Tenants

Balconies and railings must be structurally sound to prevent injuries and falls. Problems like wobbling, rust, loose screws, or missing rails are not just an inconvenience—they are serious safety hazards. In Nunavut’s often harsh climate, building materials can deteriorate faster, making regular maintenance crucial.

Your Rights and Your Landlord’s Responsibilities

Nunavut tenants are legally entitled to a rental property that is safe and in good repair. The Residential Tenancies Act, Nunavut protects renters by requiring landlords to maintain all rental premises—including balconies and railings—in a condition that meets health, safety, and housing standards.^[1]

• Landlord Obligations: Fix structural issues, ensure that balconies and railings are firmly secured, and comply with building codes.
• Tenant Responsibilities: Notify your landlord in writing if you notice hazards, avoid causing intentional damage, and cooperate with repairs.

For a broader overview of landlord and tenant obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

How to Report and Fix Unsafe Balconies and Railings

If you spot any dangers, act quickly to protect yourself and others living in the home. Here’s what to do:

Step 1: Notify Your Landlord in Writing

Describe the unsafe condition and ask for prompt repairs. Keep copies and note the date you sent your request.

Step 2: Allow a Reasonable Repair Period

Landlords must respond and start repairs as soon as reasonably possible, especially when safety is involved. However, urgent hazards should be fixed right away.

Step 3: Document Everything

• Take clear photos of the problem
• Keep records of all communications
• List any missed repair deadlines

Step 4: If Repairs Are Not Done — Make a Formal Complaint

If your landlord does not make necessary repairs, you can apply to the Residential Tenancies Office (RTO) of Nunavut.^[2]

• Complete a Tenant Application to Resolve a Dispute (Form 2). Use this form to request an order for repairs or a rent reduction if your rental is unsafe.
• Access the form and instructions from the Government of Nunavut’s official website.
• Submit the form by email or in person to the RTO. Provide all your supporting documents.

The RTO will review your case and may arrange a hearing. If they find your rental is unsafe and repairs were not made in a reasonable time, they can order your landlord to fix the problem or reduce your rent until it is repaired.

Emergency Safety Issues

If a balcony or railing is so dangerous that it poses an immediate risk of injury, this is considered an emergency repair issue. In such cases, tenants may be entitled to seek urgent intervention.

Learn more about urgent maintenance and rights in Emergency Situations and Repairs: Tenant Rights and Responsibilities.

Protecting Your Health and Safety

Unsafe balconies and railings directly impact tenants' well-being. Landlords cannot retaliate if you ask for repairs related to safety, and you cannot be evicted simply for exercising your rights. For more on related concerns, see Health and Safety Issues Every Tenant Should Know When Renting.

Useful Forms and How to Use Them

• Tenant Application to Resolve a Dispute (Form 2)
• When to use it: If your landlord fails to repair an unsafe balcony or railing after you’ve made a written request.
• Example: You reported a broken railing, but nothing has been fixed after two weeks. Complete Form 2 to request an order for repairs. Follow the instructions to attach your evidence before submitting it to the RTO.
• Download Form 2 and find instructions (Government of Nunavut)

This official complaint form is your best resource if informal requests don’t solve the problem.

Related Tenant Rights in Nunavut

Navigating rental law can be challenging, but Nunavut’s regulations are designed to protect your safety. For a comprehensive overview of laws specific to where you live, see our resource: Tenant Rights and Landlord Rights in Nunavut.

To discover more rental options in safe, well-maintained buildings, Find rental homes across Canada on Houseme.

1. How quickly do landlords have to repair unsafe balconies in Nunavut?
   If a balcony or railing poses a safety hazard, landlords must arrange repairs as soon as possible. Immediate action is expected for urgent risks. For less critical issues, a reasonable timeline is allowed, usually within a few days to a week depending on the danger level.
2. Can I stop paying rent if my balcony is unsafe?
   No, tenants must continue paying rent. However, if repairs are not made, you can apply for a rent reduction through the RTO. Always follow official procedures before withholding rent.
3. What can I do if my landlord ignores my repair request?
   Document your request, gather evidence, and apply to the RTO using Form 2. The RTO can order repairs or a rent reduction if appropriate.
4. Is my landlord allowed to evict me for reporting a safety issue?
   No, Nunavut law prohibits retaliatory eviction. Reporting safety hazards is your legal right.
5. Who enforces balcony safety rules in Nunavut rentals?
   The Residential Tenancies Office (RTO) enforces landlord and tenant obligations, including safety repairs. Building inspectors may also investigate code violations if needed.

Need Help? Resources for Tenants

• Residential Tenancies Office, Department of Economic Development & Transportation (RTO) – Information, complaints, and forms
• Nunavut Residential Tenancies Act – Read the full legislation online
• Toll-free RTO helpline: 1-877-212-4400
• For advocacy, contact Legal Services Board of Nunavut

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1. Residential Tenancies Act, Nunavut
2. Residential Tenancies Office (Nunavut)

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