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-   -   Right of Landlord to photograph Tenant's apartment (https://www.askmehelpdesk.com/showthread.php?t=167688)

  • Jan 1, 2008, 03:17 PM
    grb
    Right of Landlord to photograph Tenant's apartment
    Hi,

    My landlord has informed me, in writing, that a professional photographer will be photographing my apartment for use on the landlord's website. He did not ask for permission to photograph my possessions I was just told to make my apartment available.

    Must I allow the photography to take place and images of my apartment to appear on the landlord's website?

    My lease is not up for a year and I always pay my rent on time.

    Thank you!
  • Jan 1, 2008, 03:23 PM
    N0help4u
    If you do allow him, I would tell him that it has to be a time that is convenient for you to be there. Also maybe hide any valuable possessions before hand that you are able to.
  • Jan 3, 2008, 02:44 PM
    bethanee76
    Not sure about the photography. I believe it's legal, as he is making it known to you. As long as he gives you 24 hours notice, he can enter.

    Just my opinion.
  • Jan 4, 2008, 05:37 AM
    excon
    Hello grb:

    The apartment is his. With proper notice, he can take as many pictures of it that he wants. The possessions, on the other hand, are yours and he can't take pictures of them. If he wants to, charge him.

    You may think I'm being facetious. But, no... In the movies (which are made for profit), people are paid for the image of their cars and their homes if they're used in the film. Therefore, if he wants to use your things in his "for profit" photograph, charge him.

    If he only wants to take pictures of HIS walls, and you need to do some furniture moving, charge him for your time.

    I would inform him of this arrangement in writing, sent certified, return receipt requested.

    excon
  • Jan 4, 2008, 06:16 AM
    grb
    Quote:

    Originally Posted by excon
    Hello grb:

    The apartment is his. With proper notice, he can take as many pictures of it that he wants. The possessions, on the other hand, are yours and he can't take pictures of them. If he wants to, charge him.

    You may think I'm being facetious. But, no..... In the movies (which are made for profit), people are paid for the image of their cars and their homes if they're used in the film. Therefore, if he wants to use your things in his "for profit" photograph, charge him.

    If he only wants to take pictures of HIS walls, and you need to do some furniture moving, charge him for your time.

    I would inform him of this arrangement in writing, sent certified, return receipt requested.

    excon

    Excon,
    Thank you for your answer. The landlord's letter states that their updated website will include photos of apartments and because my apartment is "decorated so beautifully, it has been selected to be professionally photographed." So he wants to photograph my stuff.
  • Jan 4, 2008, 06:31 AM
    excon
    Excon

    Quote:

    Originally Posted by grb
    it has been selected to be professionally photographed

    Hello again, grb:

    He wants to use YOUR stuff to make a profit for himself. I think that's wonderful. It's good business on his part. Make it good business on your part too. Clearly, he's PAYING a photographer. If the photographer was filming a model, your landlord would be paying for that too. They're filming YOUR stuff. I see no difference.

    YOU paid for your "beautiful" stuff. He wants to rent it for a few hours. He should have offered you money for the shoot.

    What?? He doesn't want YOU to pay rent when you use HIS stuff? I think he does. He should be willing to share the wealth. If he doesn't want to, tell him to pound sand.

    excon
  • Jan 4, 2008, 06:38 AM
    grb
    Quote:

    Originally Posted by excon
    Excon

    Hello again, grb:

    He wants to use YOUR stuff to make a profit for himself. I think that's wonderful. It's good business on his part. Make it good business on your part too. Clearly, he's PAYING a photographer. If the photographer was filming a model, your landlord would be paying for that too. They're filming YOUR stuff. I see no difference.

    YOU paid for your "beautiful" stuff. He wants to rent it for a few hours. He should have offered you money for the shoot.

    What??? He doesn't want YOU to pay rent when you use HIS stuff? I think he does. He should be willing to share the wealth. If he doesn't want to, tell him to pound sand.

    excon

    THANK YOU! My sentiments exactly!
  • Apr 7, 2010, 12:25 PM
    WillMac
    GRB, while excon's staements sound good, he's not exactly using your stuff for "profit". It's perfectly within his right as the owner of the property to photograph it for his website, as long as he give's you notice. It's similar to most leases, which allow the landlord to show your apartments while you're still living there. By excon's reasoning, if you decided to sell some of your stuff online, and shot it in your apartment, you'd have to pay the landlord a "usage fee" for using his apartment
  • Apr 7, 2010, 12:34 PM
    AK lawyer
    Quote:

    Originally Posted by WillMac View Post
    ... By excon's reasoning, if you decided to sell some of your stuff online, and shot it in your apartment, you'd have to pay the landlord a "usage fee" for using his apartment

    There is a difference. GRB is already paying the LL for use of the apartment. LL is not paying GRB a "modeling fee" for photraphing his stuff. I tend to agree with excon.

    Make a proposal to the LL. It never hurts to ask.

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