I was hoping to have a larger discussion about what is allowed and not allowed regarding taking photographs in a unit which is currently occupied by a tenant. The purposes of this aren't to promote any one idea (eg. a landlord/agent cannot take pictures of an occupied unit), but is to try to collect accurate information.

All links were last accessed at the date of this post.

I did some searching through this subreddit and more searching on the internet to try to back up my statements.

• I tried looking up information on the Information and Privacy Commissioner of Ontario's website and searched for "landlord pictures" and "tenant pictures" and came up with nothing.
• Searches on the Office of the Privacy Commissioner of Canada's was more substantive.

Can a landlord take pictures of my apartment and its contents?

Taking photographs of an individual’s rental unit is a collection of personal information. The landlord must identify the purpose prior to, or at the time of, collection, and also obtain your consent. The landlord must also make a reasonable effort to ensure that you understand how the information will be used or disclosed.

• The Community Advocacy and Legal Centre's information is more explicit:

Can my landlord take pictures of my apartment and its contents?

Yes, however the landlord must identify the purpose behind taking the pictures either before or at the time of taking the pictures. This is because taking pictures of your rental unit is a collection of your personal information. The landlord must also obtain your consent and make a reasonable effort to ensure you understand how the information will be used or disclosed.

Taking pictures of maintenance issues is usually considered a reasonable reason for taking pictures within your unit. However, the landlord still needs to explain the purpose of this to you.

From the last two sources, we can see the similarity that:

1. A landlord can take one or more pictures of an occupied rental unit, provided they meet the conditions below.
2. A landlord must explain the purpose of obtaining one or more pictures prior to, or at the time of, taking the picture(s).
3. A landlord must obtain consent from the tenant to take the picture(s).
4. A landlord must make a reasonable effort to ensure the tenant understands how the information will be used/disclosed.

Looking specifically at the case law , Juhasz v Hymas, 2016 ONSC 1650 (CanLII), <https://canlii.ca/t/gnpl6>, retrieved on 2024-07-19:

[22]           Are landlords entitled to insist upon taking photographs for the purpose of sale without the consent of the tenant, or without a permissive clause in the lease? Is failure to do so grounds for eviction?

[25]           The first is a decision of the Landlord and Tenant Board, and a Review Order from that decision, dated January 29 and March 6, 2014, respectively, in File No. CEL-31023-13 (Re), 2014 CanLII 28552 (Ont. L.T.B.) and File No. CEL-31023-13-RV (Re), 2014 CanLll 28550 (Ont. L.T.B.).  These decisions conclude that a landlord does not have the right to enter a tenant’s premises for the purpose of marketing or taking photographs or videos in the absence of the tenant’s consent, or a specific clause in the tenancy agreement permitting such steps to be taken.

[26]           The Divisional Court recently considered the issue of entering a tenant’s premises for the purpose of taking photographs in the context of a dispute raised by the tenants about appropriate repairs and maintenance of the rental unit: see Nickoladze v. Bloor Street Investments/Advent Property Management, 2015 ONSC 3893 (CanLII).  In that context, the decision upheld the right to take photographs as to the maintenance and repairs of the unit: see, for instance, paras 8 and 9 of that decision:

8.         While it might be prudent for a landlord to expressly state in a notice to enter a rental unit that photographs may be taken, the failure to do so does not render the entry unlawful.  Section 27 if the RTA expressly authorizes a landlord to enter a rental unit for the purposes of conducting an inspection and that it is what happened in this case.  The entry was therefore lawful.

9.         Further, the fact that photographs were taken does not, by itself, constitute an infringement of the tenant’s privacy rights.  It would only constitute an infringement if it was done for an improper purpose.  In this case, the Board determined that the photographs were taken for the purpose of the inspection and for use at the hearing of the tenant’s outstanding applications.  It was open to the Board, on the evidence, to reach that conclusion.  In this day and age, it is not at all surprising that either a tenant or a landlord would take pictures of relevant items in order to use them at a hearing before the Board.  Indeed, I understand that, on a prior occasion, the tenant had done precisely that to advance his position.

So, what I have been unable to find out is if consent is required prior to taking photos for sale or maintenance issues. It seems like for sale - yes, consent is required. If maintenance - then no, tenant consent isn't required.

Does anyone have any insights?