Persistent pigeon problems ruffle the feathers of highrise tenant
able wooden framework made with screening. One is the safety question: would that removable arrangement be a risk to fall off the balcony and hurt someone on the ground below? Or to blow sideways and break windows? Another is the appearance issue: the landlord may fear that other tenants will also want to put up their own screening and make the building look like a hodgepodge.
However, landlords are responsible for the proper maintenance of the rental complex and t he units (including the balconies) and ensuring that your reasonable enjoyment is not substantially interfered with. Consequently, your landlord is required to take reasonable steps to prevent pigeons from seriously interfering with your use of the balcony.
Sometimes the presence of pigeons is a result of tenant conduct. Other tenants could be causing the problem. They could easily be contributing to the problem unknowingly. Since objects on the balcony allow pigeons to hide and make nests, the more objects a person has on the balcony, the more likely it is that pigeons will roost there. Other tenants may be feeding the pigeons. Also, the more activity on the balcony, the less likely pigeons are to choose to roost there.
You should report the problem to your landlord in writing. It may be that increasing the level of activity on the balcony and keeping objects off the balcony when they are not in use may sufficiently control any pigeon problem. If those steps do not work then it may be that installing bird barriers, such as netting, is needed to force the pigeons to move to another site.
After a reasonable length of time, if you do not think your landlord has taken proper steps to fulfil his or her obligations, you can make an application to the Landlord and Tenant Board. You can seek an order that your landlord do specific work within a given time period or allow you to install the wooden frame if it is safe. To obtain such an order, you would need to bring evidence of the problem and the specific steps required to address the problem. That could be evidence from a health inspector or a pest control contractor. You should also address the safety issue concerning the screen and how you plan to attach it.