Unsafe Balconies and Railings: Yukon Tenant Repair Rights

Balconies and railings are important for safety and comfort in many Yukon rental homes. If these features become damaged, loose, or unstable, they can pose a serious risk to tenants. Knowing what to do and what your rights are under Yukon law can make a big difference in resolving issues quickly and safely.

Recognizing Unsafe Balconies and Railings

Signs of unsafe balconies or railings may include:

• Loose, rusted, or wobbly railings
• Cracks or gaps in balcony flooring
• Broken or missing spindles/posts
• Visible structural damage (rotting, severe rust, or sagging)
• Poor or missing anchoring to the wall or floor

If you notice any of these, it's important to act promptly to protect yourself and others.

Landlord Responsibilities Under Yukon Law

In Yukon, landlords must provide and maintain rental properties in a safe and good state of repair according to the Residential Landlord and Tenant Act (RLTA)¹. This includes ensuring balconies, decks, and railings are safe and structurally sound at all times.

• Landlords cannot contract out of this responsibility—even if your lease says otherwise.
• Ignoring known safety hazards can put tenants at risk and may result in penalties for landlords.

Your Rights as a Yukon Tenant

You have the right to a safe home. If your balcony or railings are unsafe, your landlord is legally required to make repairs in a reasonable timeframe, especially if the problem creates health or safety risks. For more on your fundamental rights and duties, consult the Obligations of Landlords and Tenants: Rights and Responsibilities Explained page.

What Steps Should Tenants Take?

Addressing an urgent safety issue like an unsafe balcony or railing requires clear documentation and communication. Here’s what to do:

• Document the issue: Take photos and detailed notes about the unsafe conditions.
• Notify your landlord in writing: Quickly inform your landlord, preferably by email or letter, describing the hazard and requesting repairs.
• Retain all records: Keep copies of all correspondence and pictures for your records.

If a repair is urgent and your landlord does not respond quickly, you may have the right to take further action to protect your safety. Health and safety repairs are often considered urgent or emergency repairs under the Act.

Emergency and Routine Repairs

Repairs to unsafe balconies and railings may qualify as emergency repairs. For advice on repair timelines and tenant options, see Emergency Situations and Repairs: Tenant Rights and Responsibilities or Routine Repairs in Rental Units: Tenant and Landlord Responsibilities.

Filing a Formal Complaint or Application in Yukon

If your landlord does not address the safety issue promptly, tenants in Yukon can seek a remedy through the Residential Tenancies Office (RTO), the official body overseeing rental disputes.

• Use: Application for Dispute Resolution (Form available on the Yukon government site)
• When: If your landlord fails to repair within a reasonable time or ignores your written request.
• How: Complete the form, attach evidence (photos, written requests), and submit it to the RTO. Official forms and instructions

The RTO will review the issue and may order the landlord to carry out repairs or take other actions to ensure tenant safety.

Yukon Legislation and Further Reading

The Yukon Residential Landlord and Tenant Act clearly outlines tenant and landlord obligations regarding maintenance and repairs. For a helpful overview of rights in your territory, see Tenant Rights and Landlord Rights in Yukon.

To compare safety and repair issues across provinces, visit our page: Health and Safety Issues Every Tenant Should Know When Renting.

For those searching for safer rental options, Find rental homes across Canada on Houseme including pet-friendly and accessible listings.

Frequently Asked Questions

1. My balcony railing is loose and could fall. Can I withhold rent until it’s fixed?
   Withholding rent without the official approval of the Residential Tenancies Office is not allowed. Instead, make a written request for repairs. If the landlord doesn’t act, apply to the RTO for help.
2. How quickly must my landlord repair an unsafe balcony or railing?
   Yukon law requires urgent repairs that affect safety be fixed promptly. If your landlord delays, document your requests and file a complaint if needed.
3. What evidence should I gather about the unsafe condition?
   Take clear photos, write a detailed description, and keep copies of all communication with your landlord. This will support your case if you need to seek help from the RTO.
4. Can I hire someone to make the repair myself and deduct the cost from rent?
   This is not recommended unless explicitly allowed under Yukon’s RLTA and after consulting the Residential Tenancies Office, as it can lead to disputes.
5. What forms do I need to apply for a repair order in Yukon?
   Use the Application for Dispute Resolution form from the Yukon government. Submit it with your evidence to the RTO.

Conclusion: What to Remember

• Tenants in Yukon have the right to safe balconies and railings.
• Always notify your landlord in writing and document unsafe conditions.
• If repairs are delayed, seek support from the Residential Tenancies Office using official forms.

Understanding your rights and the proper steps to take helps keep you and your home safe.

Need Help? Resources for Tenants

• Yukon Residential Tenancies Office (RTO): Dispute resolution, repair orders, and tenant support.
• Yukon Government’s Landlord and Tenant Forms: Applications, notices, and complaint forms.
• Tenant Rights and Landlord Rights in Yukon: An overview of key rights and obligations.
• Yukon Legal Services Society: Free tenant legal advice (call or visit for details).

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1. Yukon Residential Landlord and Tenant Act: Read the full Act here
2. Residential Tenancies Office (RTO): Official Dispute Resolution Information
3. Yukon Government Tenant Forms: Landlord and Tenant Forms

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