The Residential Tenancies Act, 2006 (RTA), governs the relationship between landlords and tenants in Ontario, and sets out rules surrounding unit inspections. The balance between a landlord’s need to manage their property and a tenant’s right to privacy is a question which is often raised when photographing during unit inspections.
Landlord’s right to enter for inspections
Section 27 of the RTA permits landlords to enter a rental unit to inspect its condition, assess needs for maintenance or prepare for repairs. The right comes with strict requirements; a landlord must provide their tenant with 24 hours’ written notice specifying the reason, date and time of entry, which must be between 8 a.m. and 8 p.m., unless the tenant agrees otherwise. Entry must be tied to a legitimate reason, such as ensuring that the Unit is appropriately maintained. Although entry is permitted under these conditions, landlords must respect the tenants’ privacy, and in particular, when photographing the unit.
Tenant’s right to privacy
Section 14 of the RTA outlines that tenants are entitled to privacy and reasonable enjoyment of their unit. Photography during unit inspections can intersect with privacy rights, especially if family photos or personal documents are captured. In some cases, where photography is unauthorized, it could raise concerns under broader privacy legislation such as the Personal Information Protection and Electronic Document Act (PIPEDA), where personal information is collected without consent. To ensure privacy is respected while photographing during unit inspections, communication is beneficial between landlords and tenants.
Photography during inspections
A Landlords ability to photograph during inspections depends on the intended purpose and the context, some of which may be:
- Documenting property conditions for maintenance or repairs.
- For marking or advertising purposes such as listing an occupied unit for sale or re-rental.
- Legal proceedings such as disputes at the Landlord and Tenant Board (the LTB) over damage.
- In emergency situations such as a burst pipe.
Despite these reasons, landlords are required to ensure that personal and identifying information are not captured while taking photographs, unless otherwise agreed to by the tenant.
Consent and communication
Before taking photos, with generally the exception of emergency situations, landlords should seek verbal or written permission from their tenant, particularly where personal items will be visible or if the intended use of the photos are for non-maintenance purposes like marketing. While photography for documenting property conditions for maintenance may not strictly require consent, seeking agreement to document is a best practise
Unit inspections are a common practice for landlords, but photographing during these inspections requires careful and delicate considerations with respect to tenants’ privacy rights.
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