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.....

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.

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.

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.

HMMMMM

Keep am eye on this one!

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.

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."

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

"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.

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.

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

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

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)..

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.

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.

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

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.

effective immediately i am adding a new page to my lease

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.

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.

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

Interesting alternative story Trammy!

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

Be Careful!!!

Great info!

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.

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