When Can Landlords Take Photos?

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A few days ago, a landlord client reached out to me about their rights to photograph a tenanted property.

They had entered their rental unit with proper notice to inspect its condition because of a pending LTB hearing.

While inside, they tried to take photos for their records, but the tenant claimed they had “privacy rights” and did not consent to any pictures being taken.

Unsure about the law and not wanting to jeopardize their position, the landlord chose not to take any photos and called me for clarification. Let’s review the law on this:

The Legal Question: What rights does a landlord have to take photos of their rental unit while a tenant is still living there?

The Answer: It depends on the purpose of the photos.

When it comes to photographing maintenance issues or documenting conditions for an LTB hearing, the landlord does have the right to enter the unit with proper notice and take relevant photos. A Divisional Court decision supports this, stating that:

the fact that photographs were taken does not, by itself, infringe on a tenant’s privacy rights. It would only be an infringement if done for an improper purpose. In this case, the Board determined that the photos were taken for the inspection and to use at the tenant’s hearing.

After discussing the situation with my client, we confirmed that, since they entered with proper notice and for a legitimate purpose, taking photos of the areas in question would not violate the tenant’s privacy rights.

If the tenant tries to prevent this, it could be seen as interfering with the landlord's legal rights.

What About Photos for Marketing a Property for Sale?

A separate Divisional Court decision addresses this scenario. In that case, a landlord's agent entered a rental unit to prepare it for sale. The tenant allowed them to take measurements but objected when they tried to take photos.

The court distinguished between photos for maintenance or LTB hearings and photos for marketing purposes.

It concluded that, without a specific lease term or the tenant’s consent, there is no authority under Section 27 of the RTA to require access to a tenant’s unit for taking photos for marketing purposes.

taking photographs of a person’s home and personal belongings without their consent and posting these photographs on the internet clearly infringes privacy interests.

However, the court noted that if the lease had included a term permitting such photography, it would have been allowed.

Takeaway for Realtors: Landlords should consider adding a clause in the lease that explicitly allows for interior photos of the rental unit for marketing purposes in the future. Understanding this distinction can help you when assisting clients in selling tenanted properties or handling maintenance issues or LTB hearings.