PEI Tenant Guide: Dealing With Unsafe Balconies and Railings

Living in a rental in Prince Edward Island brings with it the expectation of a safe home, including outdoor spaces like balconies and railings. If you notice that your balcony or its railings are cracked, loose, rusty, or otherwise unsafe, it can feel overwhelming—especially if you aren't sure who is responsible or what action to take. This article will help you understand your rights, steps to address the issue, and where to turn for support as a tenant in PEI, all grounded in the province's current rental laws.

Why Balcony and Railing Safety Matters

Balconies and railings are not just amenities—they are essential safety features. Unsafe structures can pose serious risks, such as falls or injuries, especially to children or seniors. Under PEI law, landlords must provide and maintain rental units in a good state of repair, meaning every tenant has a right to a safe home environment.

Who Is Responsible for Repairs?

According to the Rental of Residential Property Act of Prince Edward Island, the landlord is responsible for keeping the rental in a safe and habitable condition—including balconies and railings¹. Tenants are expected to take reasonable care of their home but are not responsible for structural repairs unless damage was caused intentionally or by negligence.

For more details on landlord and tenant roles, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

When Are Repairs Urgent?

If a balcony or railing is loose, unstable, or in danger of collapse, this is considered an urgent health and safety issue. In these cases, immediate action is required.

What Should Tenants Do If a Balcony or Railing Is Unsafe?

Take action quickly but remain calm. Here are step-by-step instructions on what to do:

• Document the Hazard: Take clear photos or videos showing the unsafe condition and keep a written description.
• Notify Your Landlord in Writing: Send a message (email or letter) to the landlord outlining the problem and requesting urgent repair. Keep a copy of your communication for your records.
• Keep Children and Pets Away: Until repairs are completed, avoid using the balcony.
• Submit a Formal Complaint if Needed: If your landlord doesn't respond quickly, you have the right to file a formal complaint with the Island Regulatory and Appeals Commission (IRAC), the official tenancy tribunal for PEI (IRAC Rental Office).

Official Forms and How to Use Them

If the landlord does not address the safety concern promptly, you may need to file:

• Form 6 – Application by Tenant: Use this form to ask IRAC for an order requiring the landlord to fix the unsafe balcony or railing.
  This form can be found at IRAC Rental Forms. Attach your evidence (photos, messages, etc.).
  Example: A tenant emails the landlord about a wobbly railing. After one week with no repairs, they submit Form 6 to IRAC as a request for urgent action.

For more on addressing urgent maintenance, see Emergency Situations and Repairs: Tenant Rights and Responsibilities.

PEI Law and Unsafe Conditions

PEI’s Rental of Residential Property Act states landlords must comply with health, safety, and housing standards. If a landlord fails to address serious dangers, tenants may be able to request compensation or a reduction in rent, in addition to repairs, through IRAC¹.

You can learn more about general safety hazards in rentals at Health and Safety Issues Every Tenant Should Know When Renting.

If You Feel Unsafe

Timeline: How Long Should Repairs Take?

There is no specific number of days stated in the Act, but urgent repairs that impact safety—as with a dangerous balcony—should be addressed as soon as possible. If the landlord delays without good reason, IRAC can order them to make repairs quickly.

Where to Find Rentals With Strong Safety Standards

If you’re seeking a new place to live, Canada's best rental listings platform lets you filter properties and prioritize safety features in your search.

Your Local Rights

For PEI-specific facts and rental protections, see Tenant Rights and Landlord Rights in Prince Edward Island.

Frequently Asked Questions

1. Who is responsible for fixing unsafe railings or balconies in PEI rentals?
   Landlords are responsible for major repairs and safety hazards, including balconies and railings, unless the tenant caused the damage intentionally or through neglect.
2. What should I do if my landlord ignores my repair request?
   After documenting and notifying the landlord in writing, tenants can submit Form 6 to the IRAC Rental Office to request an official order requiring repairs.
3. Can I withhold rent if my balcony is unsafe?
   No, tenants should not withhold rent without a formal IRAC order. Instead, file an application with IRAC and request rent abatement during the period the hazard exists.
4. How quickly must the landlord repair urgent safety issues?
   The law requires urgent repairs be done promptly; unreasonable delays are grounds for IRAC intervention.
5. Are there official inspections of balconies in PEI rentals?
   While routine inspections aren’t automatic, tenants can request an IRAC inspection when safety concerns exist.

Key Takeaways for Tenants

• Balcony and railing safety is the landlord’s responsibility under PEI law.
• Act fast—document hazards, notify the landlord, and use IRAC forms if repairs are delayed.
• Never put your safety at risk; seek help if immediate action is needed.

Need Help? Resources for Tenants

• Island Regulatory and Appeals Commission (IRAC) Rental Office – File forms, get information on your rights, or request help with urgent repairs.
• PEI Government Housing Information for Tenants and Landlords
• For additional tenant support, connect with local organizations like PEI Housing or Legal Aid PEI.

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1. Rental of Residential Property Act (PEI) – section on repairs and maintenance

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