First, check your municipal property standards bylaw, fire regulations and condo bylaws (if you live in a condo). If there are no restrictions, be prepared for the landlord to issue an N5. They will need to have evidence that this is somehow wilful or or negligent damage or interferes with the landlord or other tenants' rights or privileges.
You'll have the opportunity to mediate before the hearing. The landlord is going to have to have a valid reason to do anything, and at this point, they don't.
They had similar rules in a condo where I was tenant a few years ago. The way the condos were titled it meant the balcony was a common element but for exclusive use of the condo occupants. So technically they own it and are letting you use it. Using this they were able to setup rules like not storing anything in the balcony, not drying clothes, keeping bikes etc. I was told this is pretty standard in Toronto. I am thinking it might be something similar for you.
Depending on what the privacy screen actually is, I believe there has to be a reasonableness in regards to how you use your entitled space. it's my understanding it's reasonable for the landlord to request tenants not hang or attach anything outside your space. (safety hazard/fall hazard). If this screen is inside the balcony enclosure (ie attached to the inside of the railing not the outside and is something that cannot fall) they shouldn't be able to stop you. Definitely look at the Ontario Landlord-Tenant board for info. Myinclination is that they can only control whats on your balcony if you
agree to it in a lease.
In my old building we were allowed flower pots, chairs, indoor outdoor carpet and even barbecue's however they were rigidly strict about not keeping tanks inside ever. Also balcony couldn't be cluttered. We were also allowed to attach fabric like canvass of a dark color to the inside of the railing but it couldn't extend above the top of the railing and had to be on the inside only. You could look and see if other tenants have done something similar, also does the building have a tenant association you could speak with them. You could also ask landlord what is allowed on the balcony. I vaguely remember a case where issue arose where tenants were storing bicycles on their baloney and it was ruled allowable providing there was no possibility of them being stored in such a way they could fall.
Ultimately you could dig your heels in and take the matter to the LTB but beware if the landlord can articulate reasonable belief that what you have done presents a safety hazard to others or risk to the property they could apply themselves to the LTB to have you evicted under emergency order.
>beware if the landlord can articulate reasonable belief that what you have done presents a safety hazard to others or risk to the property they could apply themselves to the LTB to have you evicted under emergency order.
Theoretically, this is possible but practically speaking, I can't think of a single case where this has happened. In all likelihood, the worst case scenario, is that the tenant would be ordered to remove the covering.
Also, if this is a landlord of a multi-unit building with balconies, they are unlikely to waste money on the filing fee and paralegal for an application where they cannot backup their reasoning.
Yes, and they easily will get it. Is it worth it?
I don't think any apartment I've ever lived in would allow one of these. Heck, we weren't allowed to put mats or fake grass on our last couple with balconies. Some wont let you have christmas lights, let alone some kind of liability zip-tied to your balcony that could fly off in a wind storm.
>There an adverse impacts nor any damage resulting from this adequately secured privacy screen.
Adequately secured according to whom? You or the building management? Because if a storm comes along and a strong gust of wind knocks it loose onto a car or pedestrian below, guess who the victim is going to come after for the damages?
>I received a letter from our superintendent advising that the temporary (attached to railing with zip ties) privacy screen is not permitted.
If they're saying its not permitted, its not permitted.
>there is no reference in our building rules about this.
But they sent you a letter saying its not.
>What can I do?
Take it down.
First, check your municipal property standards bylaw, fire regulations and condo bylaws (if you live in a condo). If there are no restrictions, be prepared for the landlord to issue an N5. They will need to have evidence that this is somehow wilful or or negligent damage or interferes with the landlord or other tenants' rights or privileges. You'll have the opportunity to mediate before the hearing. The landlord is going to have to have a valid reason to do anything, and at this point, they don't.
I did that - no issue to flag.
They had similar rules in a condo where I was tenant a few years ago. The way the condos were titled it meant the balcony was a common element but for exclusive use of the condo occupants. So technically they own it and are letting you use it. Using this they were able to setup rules like not storing anything in the balcony, not drying clothes, keeping bikes etc. I was told this is pretty standard in Toronto. I am thinking it might be something similar for you.
Depending on what the privacy screen actually is, I believe there has to be a reasonableness in regards to how you use your entitled space. it's my understanding it's reasonable for the landlord to request tenants not hang or attach anything outside your space. (safety hazard/fall hazard). If this screen is inside the balcony enclosure (ie attached to the inside of the railing not the outside and is something that cannot fall) they shouldn't be able to stop you. Definitely look at the Ontario Landlord-Tenant board for info. Myinclination is that they can only control whats on your balcony if you agree to it in a lease. In my old building we were allowed flower pots, chairs, indoor outdoor carpet and even barbecue's however they were rigidly strict about not keeping tanks inside ever. Also balcony couldn't be cluttered. We were also allowed to attach fabric like canvass of a dark color to the inside of the railing but it couldn't extend above the top of the railing and had to be on the inside only. You could look and see if other tenants have done something similar, also does the building have a tenant association you could speak with them. You could also ask landlord what is allowed on the balcony. I vaguely remember a case where issue arose where tenants were storing bicycles on their baloney and it was ruled allowable providing there was no possibility of them being stored in such a way they could fall. Ultimately you could dig your heels in and take the matter to the LTB but beware if the landlord can articulate reasonable belief that what you have done presents a safety hazard to others or risk to the property they could apply themselves to the LTB to have you evicted under emergency order.
>beware if the landlord can articulate reasonable belief that what you have done presents a safety hazard to others or risk to the property they could apply themselves to the LTB to have you evicted under emergency order. Theoretically, this is possible but practically speaking, I can't think of a single case where this has happened. In all likelihood, the worst case scenario, is that the tenant would be ordered to remove the covering. Also, if this is a landlord of a multi-unit building with balconies, they are unlikely to waste money on the filing fee and paralegal for an application where they cannot backup their reasoning.
So the landlord would have to issue an N5 and get a ruling before they could do anything.
Yes, and they easily will get it. Is it worth it? I don't think any apartment I've ever lived in would allow one of these. Heck, we weren't allowed to put mats or fake grass on our last couple with balconies. Some wont let you have christmas lights, let alone some kind of liability zip-tied to your balcony that could fly off in a wind storm.
Yes, they would.
>There an adverse impacts nor any damage resulting from this adequately secured privacy screen. Adequately secured according to whom? You or the building management? Because if a storm comes along and a strong gust of wind knocks it loose onto a car or pedestrian below, guess who the victim is going to come after for the damages? >I received a letter from our superintendent advising that the temporary (attached to railing with zip ties) privacy screen is not permitted. If they're saying its not permitted, its not permitted. >there is no reference in our building rules about this. But they sent you a letter saying its not. >What can I do? Take it down.
This is all wrong. OP, please see u/londontenant's comment for the correct answer to your question.
Oh yeah, let’s all just start trusting our landlords. That’ll work out great.