Is it legal for my landlord to photograph me and or underage members of my household without my permission?
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Is it legal for my landlord to photograph me and or underage members of my household without my permission?
I live in a conventional housing program run by the housing authority rent assisted program. Whenever my landlord thinks she sees us violating our lease agreement rules, she takes pictures of us (including minors) with her cell phone while we’re in our parking lot, backyard, driveway, etc. and then sends the pictures to the main office so they can right us up. Pictures are taken without our permission, and without our knowledge.
Asked on October 3, 2011 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In California one does not have any justifiable expectation of privacy when one is out in public such as in the parking lot, backyard and drive way as you have written in your question. Accordingly, your landlord has evey right to take photographs of you and any underage memebers of your household without your permission.
The concern with your question is, are you and underage family members breaking certain rules at the apartment complex necessitating the need for the landlord to take photographs for a write up for violation of rules?
What the landlord does not have the right to do is to use those photographs taken of you and family members in public for a commercial for profit venture without your permission. However, this does not seem to be the case in your situation.
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