Unsafe balconies and railings pose significant risks to tenants’ health and safety. If you live in Ontario and are concerned about the condition of your balcony or railing, understanding your rights and responsibilities as a tenant is essential. This guide provides step-by-step advice for addressing unsafe conditions, guidance on working with landlords, and information about your legal protections under the current law.
What Makes a Balcony or Railing Unsafe?
Balconies and railings can be unsafe due to:
- Broken, loose, or missing parts
- Rust, rot, or visible structural damage
- Railing height below 107 cm (per Ontario Building Code)
- Gaps large enough for a child to slip through
- Any condition that makes it easy to fall or injure yourself
Landlords in Ontario are required to keep rental units and all common areas—such as balconies—safe and in good repair at all times, regardless of the rent paid or the condition at move-in.[1]
Your Health and Safety Rights as a Tenant
Under the Residential Tenancies Act, 2006, tenants have a right to live in safe housing. Maintenance issues that create immediate risks—such as a dangerous balcony or loose railing—are considered urgent health and safety issues.
For a full overview of safety concerns, see Health and Safety Issues Every Tenant Should Know When Renting. You can also check your Tenant Rights in Ontario for more details.
Who Enforces Tenant Maintenance Rights?
Ontario’s Landlord and Tenant Board (LTB) handles most issues related to repairs, maintenance, and tenant–landlord disputes.
What to Do If You Spot an Unsafe Balcony or Railing
If you believe your balcony or railing is unsafe, it’s important to act quickly. Unsafe structural conditions represent an emergency risk. Here’s what you should do:
- Document everything. Take clear, dated photos and videos to show the problem.
- Notify your landlord in writing (email or letter) about the issue. Include photos and a detailed description.
- Keep records of all communications.
Requesting Emergency Repairs—The Fast Track
When a balcony or railing is a health and safety issue, repairs are considered urgent. If your landlord does not fix the problem quickly, you may:
- Contact your municipality’s property standards or by-law office. They can inspect and order repairs.
- Apply to the Landlord and Tenant Board (LTB) for an order requiring repairs or compensation.
For more on urgent repairs, read Emergency Situations and Repairs: Tenant Rights and Responsibilities.
LTB Application: Form T6 – Tenant Application about Maintenance
Form Name: Form T6 – Tenant Application about Maintenance
When to Use: If your landlord fails to fix unsafe balconies or railings after written notice.
How to Use: Complete Form T6, attach your evidence (photos, copies of your requests), and file it with the LTB. You can request the landlord be ordered to repair the issue and/or pay you compensation.
Official Source: LTB Official Tenant Forms
What Happens After Filing?
After you file Form T6, the LTB will schedule a hearing to review the evidence. If they decide the landlord did not properly maintain the rental unit, the Board can order repairs, rent reductions, or compensation.
Keeping Safe Until Repairs Are Finished
If the balcony or railing is especially dangerous, it’s important to avoid using it until repairs are complete. Report back to your by-law officer or the LTB if the problem is not resolved.
Who Is Responsible for Repairs?
In Ontario, landlords are always responsible for structural safety, including balconies and railings. These obligations cannot be waived in your lease. Tenants are responsible for ordinary cleanliness and reporting problems, not structural repair.
Learn more about maintenance and repair roles in Routine Repairs in Rental Units: Tenant and Landlord Responsibilities and see full legal details at Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Summary: Practical Steps for Tenants
Address unsafe balconies and railings quickly by following these steps:
- Take photos and notify your landlord in writing
- Follow up if repairs are not started quickly
- Contact your city by-law office if necessary
- Apply to the LTB using Form T6 if issues are not addressed
- Remember, your safety is protected under Ontario law at all times
For more on finding suitable rentals, Browse apartments for rent in Canada.
Common Questions: Unsafe Balconies & Railings in Ontario Rentals
- What should I do if my landlord ignores my request to fix a dangerous balcony?
If your landlord does not respond to written requests, contact your local property standards (by-law) office and consider filing Form T6 with the Landlord and Tenant Board. - Can I withhold rent if the balcony or railing is unsafe?
No. You must continue to pay rent. Instead, file a maintenance application with the LTB and request an order for repairs or compensation. - Is my landlord required to follow any safety codes for balconies and railings?
Yes, landlords must ensure balconies and railings comply with the Ontario Building Code and local property standards by-laws. - Can my landlord evict me for reporting an unsafe railing?
No. Ontario law protects you from eviction or retaliation for asserting your health and safety rights. - Are tenants responsible for repairing balconies or railings?
No. Tenants must report problems, but the landlord is responsible for all structural maintenance and repairs.
Key Takeaways
- Unsafe balconies and railings are an urgent health and safety issue for tenants in Ontario.
- Landlords are always responsible for structural repairs under Ontario law.
- Document concerns, report in writing, and act promptly if repairs are delayed by using city by-law officers or applying to the LTB.
Remember to stay informed about your Tenant Rights in Ontario.
Need Help? Resources for Tenants
- Landlord and Tenant Board (LTB): LTB website for forms, process, and applications
- Ontario Ministry of Municipal Affairs and Housing: Official tenant information
- Your Local Property Standards/By-law Office: Contact your municipal government for property safety enforcement
- Community Legal Clinics: Free legal help for tenants with urgent repair or safety issues
- Residential Tenancies Act, 2006, s. 20: Landlord obligations for repair and maintenance
- Residential Tenancies Act, 2006, s. 233: Tenant rights against landlord retaliation
