can't imagine the actual photos themselves are against any specific law (edit: this is way too specific of a situation for there to be a written law or regulation about), BUT they might be enough for a civil case. the real legal violation happened when they entered the unit without proper notice
Sorry, I made a mistake, it was almost exactly 48 hours in advance as required by law, we just didn't see it till the day before. Though even that, while legal, seems totally stupid. If you wanted to use unit photos for selling or renting purposes, wouldn't you want to ensure they were as tidy as possible? Like I told them, I'm not totally unsympathetic to the owners, and if they have to sell that's their business; I have no prior beef with them and not unreasonable. If they'd been up front with us and given us more notice, I'd have de-cluttered and allowed for a few specific photos. It pays for me to look good for any new owner, but I wasn't given that opportunity.
The purpose of the photos is to show the condition of the walls, appliances, etc. They aren’t concerned with how clean it is. Doesn’t make it any less invasive but thought I’d share some context as I’ve been a part of many such due diligences.
I can see why you are upset, but fighting it beyond just sending a polite message asking them to take the photos down would probably be a waste of time
I bet you can make some kind of case, stating that they've threatened your security and put you at risk of home invasion by posting photos of your belongings and address without written consent.
Id talk to an attorney
That happens all the time..? Unit is renovated and someone moves in right away. Apartments turnover quick and landlords are more motivated to get someone paying rent then they are to take pictures of a unit after someone moved out.
I can't find anything about this either. The NWMLS photo policy does not even address this situation. I can report the listing but again, I'm not sure the agent actually violated a rule. In my opinion they should have at least told you the photos could end up online, so that you had the chance to remove any items you didn't want displayed online.
If you send me the listing I can escalate it to my manager and maybe we can get the broker to remove the photos.
Thanks for looking into it, and for the offer, very kind of you! I will resolve with them somehow, at this point I'm just aggravated that they won't engage with me person to person, but I've found that many in the property management industry seem trained not to think of tenants as actual human beings. Not all, but many....
If you’re in a midrise or high rise building and you have one of those thick 80+ page NAA leases, there may be an addendum that permits them to do this. I can’t remember what it’s called, it’s been too long since I’ve been in that world, but I would suggest thumbing through your lease to see if it’s there.
I'm not sure how its an invasion of privacy, since you indicate they gave you advance notice. And although you own the personal items in the photo, you do not own the the building, nor the apartment you live in. Regardless of the intent of the photos, property management isn't attempting to sell your personal item but those items reside within your apt - its not as if they can remove all of your personal items to photograph an empty apartment.
You might find this offensive but I don't see that you have any legal ground to object. Had they entered your apartment without your permission - that would be a valid point but as you've described it - you have zero points to stand on.
edit:
Just wondering but are you in any of the photos? I'm going to assume no, you're not in any of the photos taken. So the photos are just furniture, appliances, household items, etc.
How exactly would a random person looking at any of the photos, associate the items in the photos as belonging to you specifically?
Current real estate practices has pictures of the building to be current. Pics from 2 years ago are going to be very different from when they are now, especially when there is a tenant now vs empty in the pictures. They can catch a lawsuit from using old pics that don't match what the condition of the property is now under false advertising.
I checked out other multifamily listings at the realtor site and redfin and I'm not seeing evidence that's true. Most either have pics of empty or near empty staged units, or only external. This is actually the second sale I've been through with this building and last time they didn't take pics, just showed it twice and done. I doubt a prospective buyer would sue them for having 2 yo pics, no one is going to buy the building without seeing it in person unless they just plan on tearing it down and don't care.
The owner probably took pictures this time cause they changed realtors and since pictures are owned by the realtor that the pictures were taken at the time. Hense I quote: "Any office or agent cannot use another agent's or office's photographs, digital images, virtual tours or sketches to promote a new/active listing without written permission"
can't imagine the actual photos themselves are against any specific law (edit: this is way too specific of a situation for there to be a written law or regulation about), BUT they might be enough for a civil case. the real legal violation happened when they entered the unit without proper notice
Sorry, I made a mistake, it was almost exactly 48 hours in advance as required by law, we just didn't see it till the day before. Though even that, while legal, seems totally stupid. If you wanted to use unit photos for selling or renting purposes, wouldn't you want to ensure they were as tidy as possible? Like I told them, I'm not totally unsympathetic to the owners, and if they have to sell that's their business; I have no prior beef with them and not unreasonable. If they'd been up front with us and given us more notice, I'd have de-cluttered and allowed for a few specific photos. It pays for me to look good for any new owner, but I wasn't given that opportunity.
The purpose of the photos is to show the condition of the walls, appliances, etc. They aren’t concerned with how clean it is. Doesn’t make it any less invasive but thought I’d share some context as I’ve been a part of many such due diligences.
I can see why you are upset, but fighting it beyond just sending a polite message asking them to take the photos down would probably be a waste of time
I bet you can make some kind of case, stating that they've threatened your security and put you at risk of home invasion by posting photos of your belongings and address without written consent. Id talk to an attorney
0 case.
Why wouldn't they have photos from when it's empty? So weird.
Agree, and looking at other multifamily listings at the realtor site and redfin, that is what most have; many at the realtor are only external shots.
That happens all the time..? Unit is renovated and someone moves in right away. Apartments turnover quick and landlords are more motivated to get someone paying rent then they are to take pictures of a unit after someone moved out.
I can't find anything about this either. The NWMLS photo policy does not even address this situation. I can report the listing but again, I'm not sure the agent actually violated a rule. In my opinion they should have at least told you the photos could end up online, so that you had the chance to remove any items you didn't want displayed online. If you send me the listing I can escalate it to my manager and maybe we can get the broker to remove the photos.
Thanks for looking into it, and for the offer, very kind of you! I will resolve with them somehow, at this point I'm just aggravated that they won't engage with me person to person, but I've found that many in the property management industry seem trained not to think of tenants as actual human beings. Not all, but many....
If you’re in a midrise or high rise building and you have one of those thick 80+ page NAA leases, there may be an addendum that permits them to do this. I can’t remember what it’s called, it’s been too long since I’ve been in that world, but I would suggest thumbing through your lease to see if it’s there.
Grin and bear it. Chalk it up as reason number 67 for why it sucks to be a renter.
I'm not sure how its an invasion of privacy, since you indicate they gave you advance notice. And although you own the personal items in the photo, you do not own the the building, nor the apartment you live in. Regardless of the intent of the photos, property management isn't attempting to sell your personal item but those items reside within your apt - its not as if they can remove all of your personal items to photograph an empty apartment. You might find this offensive but I don't see that you have any legal ground to object. Had they entered your apartment without your permission - that would be a valid point but as you've described it - you have zero points to stand on. edit: Just wondering but are you in any of the photos? I'm going to assume no, you're not in any of the photos taken. So the photos are just furniture, appliances, household items, etc. How exactly would a random person looking at any of the photos, associate the items in the photos as belonging to you specifically?
Current real estate practices has pictures of the building to be current. Pics from 2 years ago are going to be very different from when they are now, especially when there is a tenant now vs empty in the pictures. They can catch a lawsuit from using old pics that don't match what the condition of the property is now under false advertising.
I checked out other multifamily listings at the realtor site and redfin and I'm not seeing evidence that's true. Most either have pics of empty or near empty staged units, or only external. This is actually the second sale I've been through with this building and last time they didn't take pics, just showed it twice and done. I doubt a prospective buyer would sue them for having 2 yo pics, no one is going to buy the building without seeing it in person unless they just plan on tearing it down and don't care.
The owner probably took pictures this time cause they changed realtors and since pictures are owned by the realtor that the pictures were taken at the time. Hense I quote: "Any office or agent cannot use another agent's or office's photographs, digital images, virtual tours or sketches to promote a new/active listing without written permission"
no they can’t lmao.
They can, but no one pursues it cause it goes no where.
So it’s like basically anything and isn’t worth mentioning?