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Tenant Won't Allow Photos on Social Media - Landlord Forum thread 360598

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Tenant Won't Allow Photos on Social Media by DONNA on June 26, 2020 @15:47

I am preparing to list my rental property for sale. The tenant allowed photos of her apartment to be taken yesterday, but then said she does not give permission for them to be posted on SOCIAL MEDIA. She did not say the INTERNET, although I suspect this is what she meant.

I ran this by my attorney who said he had never encountered this. He felt that since this was a verbal request made after she allowed photos to be taken, it holds no merit.

The realtor has never encountered this either, but said he would limit photos of her apartment to the MLS listing, which would also be viewable on Zillow. If he does list on his social media sites, he will only include exterior shots, and photos of the other 2 apartments. I have a feeling she will object to Zillow as well, but in my opinion, that is not SOCIAL MEDIA, as she stipulated.

My question - can a tenant refuse to allow photos of their apartment for a real estate listing? I gave this tenant 5 days advanced notice of photos being taken and told her at that time to place anything she did not want in the photos out of sight. She made no objections until we were in the apartment and after the photos were taken.
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Re: Tenant Won't Allow Photos on Social Media by Garry on June 26, 2020 @21:00 [ Reply ]
Would you want YOUR home to have pics taken of it, and put on "social media"? "Social Media" could mean millions of people could see the inside of your home. Yes, a tenant could refuse to allow you to take pics of any or all of HER furniture and personal items. They are HERS, and she has every right to say NO to you taking pics. You can take pics of blank walls, the stove and refrig if they are yours, windows, doors, closed kitchen cabinets, etc. But if any of those pics you take have just 1 item of the Ts in the pic, she can refuse to let you post that pic.

She can also refuse to let ANYONE into HER apartment to view it, EVEN if it's in her lease that says she has to allow you access. She can actual FORCE you to go to court to get a court order to allow you to show the place. Do you want all that hassle?? You should either comply with you tenant's request, or wait till she moves out, whenever that may be. You may own the building, but you are RENTING a personal space to a tenant, who has various RIGHTS that she is paying for, every time she pays you her rent. Respect those rights, or expect a fight in court.
Re: Tenant Won't Allow Photos on Social Media by lpadave on June 27, 2020 @13:29 [ Reply ]
Simple solution for future is to have stock photos of vacant premises to post.
Re: Tenant Won't Allow Photos on Social Media by Daniel (CA) on July 11, 2020 @18:15 [ Reply ]
due to the climate of the courts these days, a LL could lose in court.
however, legally speaking, I find that the notice of entry that a LL has to provide allows the LL possession to the property that belongs to the LL, in its full capacity.
LL may record , breath, flush, test the plumbing etc. because it ultimately belongs to the LL.
Why doesnt Right of Access preclude a right to privacy?
the law is purposely engineered to deny privacy.
while you do not have a right to sit on their furniture, there is an inherit right for LL to show and market the space even while occupied... social media just happens to be one of the marketing methods.

some idiot tried to restrict LL from doing open houses on Sundays... luckily that failed,
practically speaking, dysfunction occurs when people try to change or make new constructs.

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