Illegal photographs
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Illegal photographs (by Buddy [VT]) Jun 18, 2018 10:24 AM
       Illegal photographs (by Nicole [PA]) Jun 18, 2018 10:35 AM
       Illegal photographs (by Don [MA]) Jun 18, 2018 10:39 AM
       Illegal photographs (by Hammer [TN]) Jun 18, 2018 10:57 AM
       Illegal photographs (by LindaJ [NY]) Jun 18, 2018 11:13 AM
       Illegal photographs (by Paulio [PA]) Jun 18, 2018 11:21 AM
       Illegal photographs (by NC INVESTOR [NC]) Jun 18, 2018 11:34 AM
       Illegal photographs (by Westy [CA]) Jun 18, 2018 11:43 AM
       Illegal photographs (by Sisco [MO]) Jun 18, 2018 11:53 AM
       Illegal photographs (by cjo'h [CT]) Jun 18, 2018 12:02 PM
       Illegal photographs (by CJ [MO]) Jun 18, 2018 12:42 PM
       Illegal photographs (by Pmh [TX]) Jun 18, 2018 1:09 PM
       Illegal photographs (by Pmh [TX]) Jun 18, 2018 1:12 PM
       Illegal photographs (by CJ [MO]) Jun 18, 2018 1:25 PM
       Illegal photographs (by Sisco [MO]) Jun 18, 2018 1:53 PM
       Illegal photographs (by Ken [NY]) Jun 18, 2018 3:01 PM
       Illegal photographs (by NC INVESTOR [NC]) Jun 18, 2018 3:30 PM
       Illegal photographs (by LiveTheDream [AZ]) Jun 18, 2018 3:41 PM
       Illegal photographs (by rentON [PA]) Jun 18, 2018 3:59 PM
       Illegal photographs (by Robin [WI]) Jun 18, 2018 4:38 PM
       Illegal photographs (by Paulio [PA]) Jun 18, 2018 4:39 PM
       Illegal photographs (by Small potatoes [NY]) Jun 18, 2018 5:35 PM
       Illegal photographs (by elliot [RI]) Jun 18, 2018 5:36 PM
       Illegal photographs (by tbird [KY]) Jun 18, 2018 6:45 PM
       Illegal photographs (by Oregon Woodsmoke [ID]) Jun 18, 2018 8:39 PM
       Illegal photographs (by BRAD 20,000 [IN]) Jun 18, 2018 9:26 PM
       Illegal photographs (by Robert J [CA]) Jun 18, 2018 10:13 PM
       Illegal photographs (by CJ [MO]) Jun 19, 2018 6:33 AM
       Illegal photographs (by Tony [NJ]) Jun 21, 2018 8:31 AM
       Illegal photographs (by mike [CA]) Jun 21, 2018 8:51 AM
       Illegal photographs (by J [FL]) Jun 21, 2018 9:05 AM
       Illegal photographs (by J [FL]) Jun 21, 2018 9:05 AM
       Illegal photographs (by Trammy [NY]) Jun 24, 2018 5:24 AM
       Illegal photographs (by Rod [NY]) Jun 24, 2018 5:32 AM
       Illegal photographs (by Rick [MA]) Jun 24, 2018 5:42 AM
       Illegal photographs (by Minnie [NJ]) Jun 25, 2018 12:58 PM
       Illegal photographs (by Al [CA]) Jun 25, 2018 1:01 PM
       Illegal photographs (by Brad [FL]) Jun 29, 2018 10:20 PM
       Illegal photographs (by mike [CA]) Jul 2, 2018 11:54 AM
       Illegal photographs (by Joe [PA]) Jul 2, 2018 2:53 PM
       Illegal photographs (by Hermy [NJ]) Jul 8, 2018 7:25 AM
       Illegal photographs (by pete c [NY]) Jul 11, 2018 7:32 PM
       Illegal photographs (by Louie [OR]) Jul 15, 2018 6:58 PM
       Illegal photographs (by Lois [CA]) Jul 20, 2018 1:38 PM

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Illegal photographs (by Buddy [VT]) Posted on: Jun 18, 2018 10:24 AM
Message:

After entering one of our apartments to do a pre-arranged annual inspection, I started to take quick cellphone photographs of each room - merely to have them in our files. Well! You would think all hell had broken loose!

To make a long story short, the tenant made it very clear that she felt I had no regal right to any pictures etc.

I promptly left and the premises and said I would return next week.

Now I am wondering how to handle this whole matter, especially since she has been a better than average tenant up to now.

Please give me your thoughts.....

Thank you. --173.48.xxx.xxx




Illegal photographs (by Nicole [PA]) Posted on: Jun 18, 2018 10:35 AM
Message:

no idea if it's illegal but I think it certainly crossed a line ... WAY over the line --72.70.xxx.xx




Illegal photographs (by Don [MA]) Posted on: Jun 18, 2018 10:39 AM
Message:

Sounds like you came across as somehow threatening her privacy, which in this day and age is a supercharged matter. --173.48.xxx.xxx




Illegal photographs (by Hammer [TN]) Posted on: Jun 18, 2018 10:57 AM
Message:

Interesting question..

Legally, they have a right to privacy. Does a room photo constitute a violation of that right? Maybe, maybe not.

If nobody was in the photo, probably not. They would have to prove damages to "win" anything from a legal standpoint.

Since this was for "file" purposes, you are probably ok legally.

From a personal stand point, you should have asked permission. I would be mad if somebody was taking photos of the inside of my house without permission.

Next time, offer them a starbucks gift card to let you photograph their beautifully furnished apartment for marketing purposes... --137.119.xxx.xxx




Illegal photographs (by LindaJ [NY]) Posted on: Jun 18, 2018 11:13 AM
Message:

I would be pretty upset if you were taking pictures of my furniture, decorations and belongings. I don't know what you are going to do with that picture and once it is out on the internet it is forever. Especially on your cellphone, who else do you want to show it to.

You may have been perfectly innocent in what you thought you were doing, but there are a lot of creepy people out there. (and they aren't all tenants) --108.44.xx.xxx




Illegal photographs (by Paulio [PA]) Posted on: Jun 18, 2018 11:21 AM
Message:

If it was a prearranged annual inspection, I doubt she would convince anybody that she had an expectation of privacy at that moment. She knew you would be there, so whatever is visible to the naked eye should be ok to photograph from a privacy standpoint. Then itís just a question of appropriateness. Itís debatable, but I donít think itís something anyone should flip out over. Borderline call. --97.34.xxx.xx




Illegal photographs (by NC INVESTOR [NC]) Posted on: Jun 18, 2018 11:34 AM
Message:

Depending on your state reg and your lease you can take pictures. However,you need to notify the tenant in advance that you intend to take pictures to allow them time to make sure than valuables and personal items are not included in the pictures. You should also get a signed release stipulating how you intend to use the pictures.

When we were refinancing several years ago the mortgage company sent us a release that both our tenants and we had to sign regarding the pictures the appraiser would be taking and how they would be used.

So while you probably did probably not cross a legal line you certainly crossed an ethical one. --71.75.xx.xx




Illegal photographs (by Westy [CA]) Posted on: Jun 18, 2018 11:43 AM
Message:

HMMMMM

Keep am eye on this one!

I had a similar experience, wherein I surprisingly discovered and later realized her criminal bf was pretty much living there. --173.48.xxx.xxx




Illegal photographs (by Sisco [MO]) Posted on: Jun 18, 2018 11:53 AM
Message:

Buddy, I do not understand the outrage of your tenant, it is YOUR house. I assume that you need the pictures to document tenant damage or a repair to be made.

--72.172.xxx.xx




Illegal photographs (by cjo'h [CT]) Posted on: Jun 18, 2018 12:02 PM
Message:

Buddy,if taking pictures makes her all bent out of shape,wait until she moves then take all the pictures you want.some people think they're king of the heap,we know different.It doesn't matter if there's no furniture in the image......charlie....................................................... --174.199.xx.xxx




Illegal photographs (by CJ [MO]) Posted on: Jun 18, 2018 12:42 PM
Message:

I learnt some where "Residents hereby acknowledge that management/contractor may take photographs or videos of the property and repair/maintenance work for purpose of documenting the condition and work quality or advertising property or as part of crime prevention program. Resident grants permission to use his/her photo, video, and voice for marketing and security issues."

I am sure some tenants will still be upset --97.91.xxx.xxx




Illegal photographs (by Pmh [TX]) Posted on: Jun 18, 2018 1:09 PM
Message:

you were totally out of line. Iíd be pissed big time. showing is ok. taking pix as you did is invasive. --70.119.xxx.xxx




Illegal photographs (by Pmh [TX]) Posted on: Jun 18, 2018 1:12 PM
Message:

sisco. It may be your house. but it is her home (so long as rent paid on time..) --70.119.xxx.xxx




Illegal photographs (by CJ [MO]) Posted on: Jun 18, 2018 1:25 PM
Message:

Some tenants scream, yell and video and record us even we were not recording them.

Landlord does not want the effort to record/picture everything, but sometimes, landlords need to record for documentation. --97.91.xxx.xxx




Illegal photographs (by Sisco [MO]) Posted on: Jun 18, 2018 1:53 PM
Message:

Buddy, PMH,NC, Please tell me how in the world that Buddy taking interior pictures has "crossed a line"? What is the harm, or the perceived harm? --72.172.xxx.xx




Illegal photographs (by Ken [NY]) Posted on: Jun 18, 2018 3:01 PM
Message:

I think it is across the line,it is the tenants home,they have paid for that space to be theirs and you shouldn't just start taking pictures of there stuff,they don't know where the pictures will be shown.If you had asked and explained why you would have been more likely to have received cooperation. --72.231.xxx.xxx




Illegal photographs (by NC INVESTOR [NC]) Posted on: Jun 18, 2018 3:30 PM
Message:

"it is YOUR house." It may be his house but by renting it to a private party he also guarantees the tenants right to privacy and quiet enjoyment which doesn't even need to be specifically stated in the lease as it is automatically inherent in a residential lease.

"I assume that you need the pictures to document tenant damage or a repair to be made."

Taking pix of specific damage is one thing taking pictures of the entire room that include the tenant's personal belongings is an invasion of her privacy.

He could have diffused the entire situation by simply explaining why he wanted the pix and asking if she objected. If she objected he needed to respect that.

You just don't walk into a person's private domain and start taking pix simply because you own the house. I don't know why that is such a difficult concept to grasp. --71.75.xx.xx




Illegal photographs (by LiveTheDream [AZ]) Posted on: Jun 18, 2018 3:41 PM
Message:

I've been out of the picture taking business a long time, but iirc you can't photograph without permission where someone has a reasonable expectancy of privacy.

A good example, when I was with the newspaper - waaay back during RTC (Resolution Trust Company) corruption story dealing with the fallout from the S&L crisis. I was assigned to a writer on a several month investigative series. Basically I followed the players around taking pictures of them for what became a multi page special section. One guy was nearly impossible to catch, lived in a guarded building, drove in a smoked out towncar and often had security. I finally followed him to a doctor appointment or something. I left all the big Nikon cameras behind and used a little point n shoot, so nobody stopped me, and as he entered the elevator I wedged my foot in the door and snapped a shot and ran! He tried to sue the paper, but it was a public elevator in a public office and was held valid he dropped it. He said I was "terrorizing" him. Can you imagine? LOL

Another person who was evading us on a story lived in a gated hillside community. We learned he liked to sunbathe in his back yard - which was in public view from a ridge about 1/4 mile away. I set up on the hillside with a 2,400mm lense. And we put those pictures in the paper. Again, totally legal, their yard was in clear view of many homes on the other ridge and I was in public space by a road. Now if he was sitting inside a cabana and I took pics from outside the property through the open doors. "That" would probably be an invasion of privacy.

In the case of rentals - it is obviously lawful to take "before" and "after" photos of YOUR property prior to move-in and after move out. But once the tenant takes possession you would need to ask permission for other than exterior pictures that were readily and reasonably open to public view.

That is how I understand it anyway.

--47.216.xx.xxx




Illegal photographs (by rentON [PA]) Posted on: Jun 18, 2018 3:59 PM
Message:

One time during an inspection, I took a picture of the boy friend's fishing license that had our property listed as the address. Of course the boy friend wasn't on the lease and the Tenant always denied that he lived there. You never know what you're going to find during an inspection and should be prepared to document it

Good luck. --67.165.xx.xx




Illegal photographs (by Robin [WI]) Posted on: Jun 18, 2018 4:38 PM
Message:

It upset your tenant. Whether or not you had the right to do so, making tenants feel violated does not result in happy endings.

I'm wondering why you felt you needed pics for your files. Didn't you take photos at move-in? I'd be ticked off too. Apologize, delete the photos in front of her, and wait until she moves out for documentary photos unless there are specific damages that you need to document and bill for now. --204.210.xxx.xxx




Illegal photographs (by Paulio [PA]) Posted on: Jun 18, 2018 4:39 PM
Message:

The concepts of invasion of privacy and quiet enjoyment donít even apply here. She knew he was coming and invited him inside for a prescheduled annual inspection. Hardly an invasion. He didnít open drawers and search under the bed. He made a record of what was in plain view. Would it make a difference if instead of taking a picture he wrote down notes of what he saw? Or would that be an invasion of privacy too? What if he spoke into a tape recorder and described what he saw? How about a pencil sketch? He could post his notes, recording and sketch online as easily as he can a picture. And whoís to say what an ďinspectionĒ includes? Maybe it includes pictures. She agreed to the inspection. She shouldnít have the right to dictate how he documents it. What if she said ďNo pictures! And no taking notes!Ē --50.107.xxx.xx




Illegal photographs (by Small potatoes [NY]) Posted on: Jun 18, 2018 5:35 PM
Message:

Never had pushback when letting tenants know I wanted to take pics for rental listing. It's nice to show a well put together apt when the opportunity presents itself. Key being prior communication. --99.203.xx.xx




Illegal photographs (by elliot [RI]) Posted on: Jun 18, 2018 5:36 PM
Message:

If you want to keep her, then talk to her and delete those photos if she is adamant about it.

Next time, ask for permission with comments like "I really like how you decorate the house, can I take some pictures for ...?" (ie, use as Ad in the future)..

--71.232.xxx.xxx




Illegal photographs (by tbird [KY]) Posted on: Jun 18, 2018 6:45 PM
Message:

Prolly wasn't a great idea. Delete the pics. Problem solved. --98.93.xx.xxx




Illegal photographs (by Oregon Woodsmoke [ID]) Posted on: Jun 18, 2018 8:39 PM
Message:

I wouldn't have taken photos without asking first. I can't think of any reason why I would need to deliberately offend a good tenant.

If you have a really good reason, they will probably say yes. But just for your records, no. You should have photos of the interior taken between tenants while the house was vacant.

I once had an insurance company want photos of a woodstove. I would expect the tenant to cooperate about that with a couple of days notice, but not be so happy about me wandering around taking photos of all their stuff. --174.216.xx.xx




Illegal photographs (by BRAD 20,000 [IN]) Posted on: Jun 18, 2018 9:26 PM
Message:

Buddy,

I'll be the odd man out.

I don't know the full law on this but I think the only line you crossed was a little courtesy. I cannot recall ever being denied when I reminded them the office requires me to snap a few pics to show the house is OK. And by the way that's a (cute kitty, cool sword, lovely family photo...!)

I believe the law regards taking pics of PEOPLE without their permission.

(Note to self: add a lease clause allowing pics during visits.) My lease already contains a "release" clause allowing the use of their pics, words, voices, and videos, etc for promoting and such.

We take pics on the 2 Minute IN Home Visit prior to final approval, we take pics during our twice a year Preventive Maintenance and Safety visits, we take pics when we enter for repairs...

I have used these pics later to prove damages. Example: strange gouges on the wall at move out. Pics showed a glider chair in that spot!

Another: Dog dish, bag of dog food, and a leash at the home that "did not have a dog" but the doors were chewed.

Another: when flat screen TVs first came out the res mounted one to the wall. Ultra high tech at the time. He drilled 20 holes trying to find the studs and the heat of the tv darkened the paint. In court the res said the holes and dark spots were there at move in but I had a pic to teach the judge about wall mount TVs.

--68.50.xxx.xxx




Illegal photographs (by Robert J [CA]) Posted on: Jun 18, 2018 10:13 PM
Message:

How would you like it if during an open house to rent a property, someone came in and started to take pictures?

Before I enter a property or even if it's during a scheduled inspection, I inform the tenant that I will be taking pictures of the property, not of their things, people of pets -- without permission! --47.156.xx.xx




Illegal photographs (by CJ [MO]) Posted on: Jun 19, 2018 6:33 AM
Message:

I have had a couple upset tenants recorded me without permission while they yelled and complained. I do not know what they are going to do with the record.

We just want proof of our property condition like appraisal.

--97.91.xxx.xxx




Illegal photographs (by Tony [NJ]) Posted on: Jun 21, 2018 8:31 AM
Message:

Years ago I had a heated situation with a tenant in a Pennsylvania rental. Spoke to a lawyer afterwards who said I shouldn't have done it without the tenant's permission. Privacy concerns. Nothing ever came of; tenant was eventually evicted. This is a state specific question for an attorney. --73.195.xxx.xxx




Illegal photographs (by mike [CA]) Posted on: Jun 21, 2018 8:51 AM
Message:

effective immediately i am adding a new page to my lease

--76.176.xxx.xxx




Illegal photographs (by J [FL]) Posted on: Jun 21, 2018 9:05 AM
Message:

It seems to me that before move in is the best time to take photos document proof of the unit condition. I can't see what use the photos taken during inspection would be.

Having said that some applicants will take photos of the house without permission during a showing. But they have little to lose by doing thi and the LL potentially has a lot. --72.188.xxx.xxx




Illegal photographs (by J [FL]) Posted on: Jun 21, 2018 9:05 AM
Message:

It seems to me that before move in is the best time to take photos document proof of the unit condition. I can't see what use the photos taken during inspection would be.

Having said that some applicants will take photos of the house without permission during a showing. But they have little to lose by doing thi and the LL potentially has a lot. --72.188.xxx.xxx




Illegal photographs (by Trammy [NY]) Posted on: Jun 24, 2018 5:24 AM
Message:

How about hearing some responses to the following ALTERATIVE to this question?

I found out during a recent eviction that a tenant had been video taping me from inside a dark upstairs bedroom every time I argued with him about properly bagging and disposing of his weekly garbage. The judge (who ultimately gave this tenant considerable leniency) barely noted or chastised him for videoing me and violating MY personal rights. --173.48.xxx.xxx




Illegal photographs (by Rod [NY]) Posted on: Jun 24, 2018 5:32 AM
Message:

Interesting alternative story Trammy!

I guess some judges see pretty much everything from a tenants perspective!

--173.48.xxx.xxx




Illegal photographs (by Rick [MA]) Posted on: Jun 24, 2018 5:42 AM
Message:

Hey Trammy! In good old Massachusetts, almost ALL judges give tenants the benefit of any doubts. --173.48.xxx.xxx




Illegal photographs (by Minnie [NJ]) Posted on: Jun 25, 2018 12:58 PM
Message:

Be Careful!!!

I recently discovered found a mini electronic bug in the hall where a rowdy tenant used to argue with me.... never could determine whether or not our lively conversations were been taped. --173.48.xxx.xxx




Illegal photographs (by Al [CA]) Posted on: Jun 25, 2018 1:01 PM
Message:

I found a similar device - in a kitchen. --173.48.xxx.xxx




Illegal photographs (by Brad [FL]) Posted on: Jun 29, 2018 10:20 PM
Message:

Great question and many great answers! I have changed my lease accordingly. --173.48.xxx.xxx




Illegal photographs (by mike [CA]) Posted on: Jul 2, 2018 11:54 AM
Message:

hidden cameras? people are creepy. this thread has me really rethinking my attitudes with people. next time i am sensing creepiness i will relocate the interaction and demand they leave their phone in another room. --76.176.xxx.xxx




Illegal photographs (by Joe [PA]) Posted on: Jul 2, 2018 2:53 PM
Message:

Likewise! GREAT thread! --173.48.xxx.xxx




Illegal photographs (by Hermy [NJ]) Posted on: Jul 8, 2018 7:25 AM
Message:

Great info!

Wish someone would do a similar Q ang A, warning how some smart ass tenants are now secretly tape recording landlords with one of the many new kinfds of micro recorders, which just happened to ME. --173.48.xxx.xxx




Illegal photographs (by pete c [NY]) Posted on: Jul 11, 2018 7:32 PM
Message:

I don't think its illegal to take pictures. You're in the apartment with the tenant and can "see" everything being photographed. Of course I'm not talking about whats in their BR drawers or in their safe, etc.

That being said, what you DO with the photos may be illegal. Having them to protect your position in a court action is one thing. Posting them on the net or showing them to third parties to show "what a slob my tenant is" would probably be illegal. --98.4.xxx.xx




Illegal photographs (by Louie [OR]) Posted on: Jul 15, 2018 6:58 PM
Message:

Obviously, Its getting to be a brand new world out there for landlords. Hence, I am vary thankful for mrlandlord!!!!! --173.48.xxx.xxx




Illegal photographs (by Lois [CA]) Posted on: Jul 20, 2018 1:38 PM
Message:

You should do some research into what is legal in YOUR state.

https://www.avvo.com/legal-answers/can-a-landlord-take-pictures-of-my-possessions-ins-298500.html --99.92.xx.xx



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