State Specific Question About: VIRGINIA (VA)

Does anyone know the Virginia laws regarding taking pictures of the interior of an occupied rental unit during a routine inspection of the unit? I've given the tenant proper notice and will be conducting the inspection tomorrow. I have reason to believe that he may possibly have an excessive amount of storage inside the unit, some of which may be blocking Egress through the front entry door.

If I find this to be the case, I want to document it with pics, as well as give him a written violation notice to correct it. I will certainly not be taking any pics of their "personal" items, other than any furniture, or boxes that may be blocking the Entry Doorway.

Better check VA law, including Penal Code.

Taking the pics for documentation is different than taking the pics and plastering them on the internet as part of an ad, but the latter could involve a civil tort suit while the former could involve the Penal Code.

This seems like a moment to update our lease agreements with a clause that gives the landlord or landlord's agents permission to take pictures for safety and any reason showing lease violations or stuff like that if you don't already have one.

Just like we often have to sign agreements to allow our credit reports to be checked and give background checks. I'm going to update mine right away. If it's decided to be illegal by a judge, then I'll remove that clause.

Besides, don't our leases have a statement in them that says if any clause is judged by the court to be illegal, that particular clause is voided but it does not affect the rest of the lease?

Subject to your local and state law:

PICTURES, THE PARTIES AGREE:

PHOTOS OF THE INTERIOR OF THE HOME, MAY BE NEEDED FOR, INSPECTIONS, OR PROOF OF CONDITION, OR SHOWING ON ADS.

AS THE PHOTOS ARE OF THE OWNER’S HOME & PROPERTY OR THE CURRENT CONDITION OF THE HOME FOR COMPLIANCE WITH THE AGREEMENT.

SHOULD YOU HAVE ITEMS YOU MAY NOT WANT SHOWN PLEASE REMOVE OR COVER THE ITEMS.

STILL OR VIDEO DOCUMENTATION IS DONE WITH THE FULL CONSENT AND AGREEMENT OF ALL RESIDENTS AND WILL BE ADMISSIBLE IN COURT AS EVIDENCE IN CASE OF DAMAGE TO RENTAL.

Appreciate the input folks, but am what I'm asking is if anyone knows the VA law regarding this, definitively. I understand that I can update my lease, and that it "should be ok to take pics of my property", but that's not what I'm asking, nor am I looking to have a judge rule on the matter. I'm asking if anyone happens to know the legalities of this under VA Law.

Thanks,

Bill,

1. Normally if something or someone is in plain sight from a public area (stand on sidewalk and take a pic of the house amd junk stacked up) is legit. Think paparazzi. Legit as long as they stay on public right of way.

2. My lease states Management may take photos for inspection and advertising purposes.

3. In the real world, as a courtesy and to avoid getting shot, I simply tell the res the boss wants you to snap a few pics while you lift your camera and quickly go snap snap. If he protests, stop. It helps if you a avoid people in the photo.

If he’s in violation you don’t need photos to give him a clean up letter.

Also, do you really care if he has a lot of stuff as long as the house is not smelly or buggy? My storage garages are full, my office is packed with books, samples, files...

Hi Brad,

Thanks for the info. I'm not overly concerned with the amount of storage, only if it is blocking the entry doorway, which will hinder First Responders should they need to enter in an emergency (fire). I've got him on a M-M Lease so I can just give notice if I need to, but would still like to take pics if that is the case.

Bill,

Stretcher accessibility is HIS problem, not yours.