Limit access to Balcony

[jlcl]

What is the name of your state (only U.S. law)? California

I own a rental property that has a small balcony. The balcony has permit, but it's over 20 years old. I'm concerned about the safety due to the age of the balcony. I'm considering to tear down the balcony from a safety concern (as it costs too much to get it permitted to today's city codes), but the house would look odd missing that balcony.

So, as a Landord, can I note in the rental agreement that the balcony is for decorative purpose and tenants can not access it. Can I lock the door to the balcony to block access to the balcony? Or, my only option would have to tear down the balcony in order to avoid access/safety issue.

 

[Cvillecpm]

NO * fix it or remove it. It is designed to be a part of the unit as a limited common element for the use of the rental unit and should be used that way or removed, the sliding window replaced or secured.

 

[JETX]

So, as a Landord, can I note in the rental agreement that the balcony is for decorative purpose and tenants can not access it. Can I lock the door to the balcony to block access to the balcony? Or, my only option would have to tear down the balcony in order to avoid access/safety issue.

Legally, yes. You can restrict access to the balcony, but can ONLY do it PRIOR to the tenant signing the lease, you can't do it after. You cannot 'remove' something that the tenant may have relied on when they signed the lease.
This would be similar to leasing a property that had a garage, then demolishing the garage during an existing tenancy. That is 'removing' something that the tenant may have relied upon as part of their lease.

However, as a practical sense, you should either repair or remove the balcony as you have already admitted that it is a potential safety hazard. You would be liable for any injuries or worse (to those on or below) if it were to collapse or fail.

 

[Zigner]

Legally, yes. You can restrict access to the balcony

HOWEVER, this may run afoul of local zoning laws...

 

[JETX]

HOWEVER, this may run afoul of local zoning laws...

That is NOT correct!!

Local zoning laws may deal with the issue of safety, appearance, etc. of the balcony but they will NOT effect the contractual issue of whether a landlord has to allow access to a balcony.

 

[Zigner]

That is NOT correct!!

Local zoning laws may deal with the issue of safety, appearance, etc. of the balcony but they will NOT effect the contractual issue of whether a landlord has to allow access to a balcony.

I disagree. For a RENTAL unit, there may be specific LOCAL zoning requirements related to the balcony. I cannot speak to them, nor can you. The best we can do is recommend that our OP check with the local governmental entity.

 

[12345672]

Legally, yes. You can restrict access to the balcony, but can ONLY do it PRIOR to the tenant signing the lease, you can't do it after.

I agree, except for safety issues, but then the tenant should be free to leave.

HOWEVER, this may run afoul of local zoning laws...

I agree.

That is NOT correct!!

I disagree.

Local zoning laws may deal with the issue of safety, appearance, etc. of the balcony but they will NOT effect the contractual issue of whether a landlord has to allow access to a balcony.

I agree.

The best we can do is recommend that our OP check with the local governmental entity.

I agree.

There is a difference between telling the tenant that the balcony is off limits and nailing the door shut. Restricting the access by having in the lease that it is decorative only should not run afoul of zoning laws. Physically restricting access might or might not. Replacing the doors with a window may be an option. If it is known to the city that the balcony is in poor condition and is condemned by the city, then the OP would need to close it. But that is something the OP would want to avoid.

 

[jlcl]

To summarize, since I'm still looking for a new tenant, what I can do is:

1. Remove the door access to the balcony and replace with a wall and window

2. Note in the new rental agreement that the balcony is strictly for decorative purpose

Then, there will be no access issue since there will be a wall there and it's obvious the balcony is for decorative purpose only.

 

[Zigner]

To summarize, since I'm still looking for a new tenant, what I can do is:

1. Remove the door access to the balcony and replace with a wall and window

2. Note in the new rental agreement that the balcony is strictly for decorative purpose

Then, there will be no access issue since there will be a wall there and it's obvious the balcony is for decorative purpose only.

I *SERIOUSLY* suggest you consult with your local code department.

 

[You Are Guilty]

Unless the balcony is needed under the fire code (extraordinarily doubtful), there's no zoning/code issues with restricting access.

 

[Alaska landlord]

You may forbid the tenant from using the balcony, but should the tenant use it and suffer an injury, you would still be held liable. Get rid of it!

 

[Zigner]

Unless the balcony is needed under the fire code (extraordinarily doubtful), there's no zoning/code issues with restricting access.

AGAIN, you CANNOT make such a definitive statement. I agree that there is likely no issue, but it is a bad idea to make a statement of absolute fact when there is a chance that it's wrong.

 

[FarmerJ]

JL learn from your city what the code is exactly regarding repairs to existing balconies that were in place prior to any code changes that would require a balcony to meet new code. IT is entirely possible that there would be little to no hassle with having the current balcony repaired! SO learn what the exact code is regarding balconys that are currently in use then decide what to do.

 

[You Are Guilty]

AGAIN, you CANNOT make such a definitive statement. I agree that there is likely no issue, but it is a bad idea to make a statement of absolute fact when there is a chance that it's wrong.

It's is a limb I'm willing to go out on