Taking pics of rental inspection / Tenant privacy issues? VA.

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Taking pics of rental inspection / Tenant privacy issues? VA.

William C.
VA · Member since 2012 · 37 posts · 22 votes

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 written 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.

Does anyone know, definitively, if this would be any type of invasion of their right to privacy under Virginia law. I would think not but need to certain. Appreciate any info anyone  may have to offer. Thanks

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Mike CumbieBusiness Member
REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
7y

If you are looking for "definite" then talk to a local lawyer. You should get "an opinon with some case law to back it". If you are looking for some dolt on the internets opinion... Here goes.

If you are taking the pictures to have as evidence in court later. Fine go ahead. Nobody will see them except some judge at an eviction hearing. If you are taking them to post in some book about landlording, internet websites or to have people guess how many boxes for cash prizes..... dont.

Good luck

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  • Pat L.
    Rental Property Investor · Upstate, NY · Member since 2012 · 3k+ posts · 3k+ votes
    7y

    We had a hoarder type that just wouldn't listen so we had the fire department do an inspection & she was warned. A month later we just gave her a 30day & the place has never looked better.

    0Reply
  • William C.
    OP
    VA · Member since 2012 · 37 posts · 22 votes
    7y

    Yeah, I checked w/ our local Fire Marshal's Office but was told they only regulate commercial properties, not private. I don't think it is to the point of hoarding, but do believe there is alot of excess storage. We'll see today. But I want to take pics if the Entry doorway is blocked and was hoping someone may know if there were any privacy concerns with doing so.     

    0Reply
  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    7y

    If you are looking for "definite" then talk to a local lawyer. You should get "an opinon with some case law to back it". If you are looking for some dolt on the internets opinion... Here goes.

    If you are taking the pictures to have as evidence in court later. Fine go ahead. Nobody will see them except some judge at an eviction hearing. If you are taking them to post in some book about landlording, internet websites or to have people guess how many boxes for cash prizes..... dont.

    Good luck

    5Reply
  • William C.
    OP
    VA · Member since 2012 · 37 posts · 22 votes
    7y

    LOL Mike, no not looking to post pics anywhere or award cash prises :-), only for documentation if needed. I do have Tenant's on a M-M Lease so I can just terminate the Lease if need be. Appreciate the input.

    1Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    Let the tenant know ahead of time and have them sign something saying the inspection took place with the date and time and include a statement that photos may be taken to document overall condition of the house.  Take photos of things that are in good condition as well as any problem areas.

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    My lease includes a clause that inspections may be recorded with pictures and/or video for office use. If I am taking pictures for marketing to the public, then I always ask the tenant's permission. 99% of the time they don't care.

    In your case, I would simply state, "I'm going to take some pictures for my records." If the tenant complains, whip out a pad and pencil and make a sketch of what you're seeing so you have a record of it.

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  • John Teachout
    Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    7y

    If you're on a m/m lease, why would you need documentation? Just convey to the tenant what you feel is an issue. ie, "please make sure nothing is stacked in front of the windows/doors", and whatever other issues you feel there are. If they won't comply, then just give them notice of non-renewal. Here in Georgia, you give them 60 days notice. Just comply with your local/state law. Many states do not require you to provide any reason for non renewal. If they ask, tell them. (or not).

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