Can I use previous photos in a rental listing?

Can I use previous photos in a rental listing?

Vendor · Sandston, VA · Member since 2015 · 7 posts · 0 votes

I'm getting ready to list my rental home again as the current tenant is not renewing (second time doing this ever). 

Am I allowed to use the photos I took last time I listed it? They show all of my furniture and decor in the house, which is more enticing than the current tenant's. Or is that misleading and not allowed?

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Investor · Greenville, SC · Member since 2012 · 269 posts · 187 votes
9y

@Charlotte Parrish I have listed a rental with staging pictures from when I bought it. I stated clearly in the advertisement that the furniture in the pictures was not current. It helps it sell while also being honest with potential tenants.

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  • John CasmonPro Member
    Cincinnati, OH · Member since 2013 · 1k+ posts · 1k+ votes
    9y
    Yes, as long as they are an accurate representation of the current state of the property. Make sure it's not a bait and switch situation.
  • Vendor · Sandston, VA · Member since 2015 · 7 posts · 0 votes
    9y

    Thank you John! The property itself is the same, it's just the decor/furniture. That makes sense!

  • Investor · Greenville, SC · Member since 2012 · 269 posts · 187 votes
    9y

    @Charlotte Parrish I have listed a rental with staging pictures from when I bought it. I stated clearly in the advertisement that the furniture in the pictures was not current. It helps it sell while also being honest with potential tenants.

  • Vendor · Sandston, VA · Member since 2015 · 7 posts · 0 votes
    9y

    That's a good idea @Paul Smythe, thank you!

  • Temecula, CA · Member since 2016 · 22 posts · 3 votes
    9y
    We try to use current pics but always put a disclaimer that photos may not be accurate. Learned that one after a tenant threatened to sue for reduced rent because the home didn't come with the decorations that were in the photos.
  • Investor · Marietta, GA · Member since 2015 · 382 posts · 258 votes
    9y
    I would as long as there is a disclaimer for doing so
  • Investor · Jacksonville , NC · Member since 2015 · 143 posts · 54 votes
    9y
    I do it all the time. 6 years running on one set of photos!
  • Vendor · Sandston, VA · Member since 2015 · 7 posts · 0 votes
    9y

    Thank you so much! Definitely what I wanted to hear. Disclaimer makes perfect sense!

  • Investor · Springfield , NJ · Member since 2017 · 192 posts · 93 votes
    9y

    I usually have the real estate agent take new pictures between tenants if possible. If not, I use older ones and make sure the showing agent is aware that these are older pictures but the condition is good. Either way, the tenant has the chance to see the unit before signing the lease. 

  • St Thomas, Ontario · Member since 2013 · 575 posts · 408 votes
    9y

    @Charlotte Parrish I use older photos quite often. The reason you cite is a good one - the former resident had better furniture or a better sense of design. Or they were more houseproud or a combination of all of these things. As long as the unit is largely the same as before I don't see a problem with this and I have never had complaints. The idea with the photos in an ad is to draw in responses. If your current tenant is sloppy and has poor furniture you should not allow that to drag down the rental value of your property.

  • Real Estate Agent · Austin, TX · Member since 2014 · 636 posts · 486 votes
    9y

    I think your question was a legal one, and I don't think anyone here actually answered whether it is allowed or not. I don't have the answer for you either, but I occasionally reuse old photos provided everything either is or will be back in the state they were when the pictures were taken.

    I try to always follow the landlord rules to the letter, but from being an active member of this site I've learned that even if you have no idea what the real rules are, you usually get away with it. In other words, do some research and see if you can figure it out, but if you can't, you're unlikely to get caught even if you're in the wrong.

  • Investor · Raleigh, NC · Member since 2015 · 189 posts · 102 votes
    9y

    Of course you can!

  • Vendor · Sandston, VA · Member since 2015 · 7 posts · 0 votes
    9y

    Thank you @Jacob Pereira! I tried Googling this several times before posting here, but couldn't find an answer. I already need to find an attorney to work with around here who can answer questions for sure. But the basic advice here is at least hopefully pointing me in the right direction! ;-)

  • Dawn BrenengenBusiness Member
    Moderator
    Real Estate Broker · Raleigh, NC · Member since 2014 · 2k+ posts · 1k+ votes
    9y

    @Charlotte Parrish  I use my best set of photos all the time.  I always state in the listing that the photos are from a previous year/listing, and home is currently occupied (if the photos show a vacant home).  This helps set expectations.  

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    9y

    Its fine,   if the current tenant really keeps it bad though don't show until vacant.  I just had tenants like this.   They had bunk beds in the living room and stuff strewn everywhere. Showing a place like that will cost you good candidates. If it is just tired furniture people can understand but if it is really bad pre-screen and show when vacant.

  • Attorney · Santa Cruz, CA · Member since 2015 · 345 posts · 358 votes
    9y

    Hi @Charlotte Parrish, I'm a real estate lawyer. I thought the question you were going to ask was whether you could use older pictures that were taken by someone else. Then it became a copyright question. But in your case, since you took the pictures, the copyright belongs to you.

    The question you asked is whether old pictures are misleading. I agree with everyone here that you can (and should for good marketing) use pictures showing the place at its best. Yes, be sure to include a disclaimer in the caption that says something like: furniture not included. This is what most property managers and realtors that stage property do.

  • Vendor · Sandston, VA · Member since 2015 · 7 posts · 0 votes
    9y

    Thank you for the help @Jenifer Levini! I really appreciate it. Loving all of the helpful answers on this thread! :)

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