Can Landlords Use Photos of Your Rental in Newfoundland and Labrador?

Living as a tenant in Newfoundland and Labrador means understanding not just your rent and maintenance responsibilities, but also your rights to privacy — especially when it comes to your landlord taking or sharing photos of your rental unit. It’s important to know when and how your landlord may lawfully take photographs inside your home, how your consent is required, and what steps you can take if you feel your privacy has been violated.

Your Right to Privacy as a Tenant

Tenants in Newfoundland and Labrador are protected under the Residential Tenancies Act (RTA), which sets out rules for landlords and tenants regarding privacy, entry, inspections, and the use of information. Your landlord cannot enter your unit or take images without a valid reason, and typically must provide 24 hours written notice for most entries unless it’s an emergency.

When Can Your Landlord Take Photos?

Landlords may need to take photos in certain situations, but each comes with important boundaries:

• Move-In or Move-Out Inspections: This is commonly done to document the condition of the unit for security deposit purposes. Photos are typically taken during a scheduled inspection with your knowledge.
• Repairs or Maintenance: If repairs reveal significant damage, a landlord might request to take photos for insurance or contractor purposes. Your consent should be requested before doing so.
• Advertising the Unit: Photos for listing the rental (for example, after you give notice or once you have moved out) are allowed, but landlords should not share images of your possessions without your agreement.

Except for emergencies, landlords must notify you and seek your consent before photographing your private living spaces.

What Landlords Can and Cannot Do with Photos

The collection and use of photos must comply with privacy laws, including the federal Personal Information Protection and Electronic Documents Act (PIPEDA) when landlords are acting for business purposes. Landlords cannot:

• Use or post images showing tenants’ personal belongings or presence without consent
• Share photos that compromise your privacy or safety
• Take or use photos for reasons unrelated to property management

If you suspect misuse, you can file a complaint with the Office of the Information and Privacy Commissioner of Newfoundland and Labrador or the Residential Tenancies Section.

How to Address Privacy Concerns

If you disagree with your landlord taking or using photos, here are your options:

• Politely decline or discuss the request, especially if you are uncomfortable with photos including personal effects or individuals
• Request that photos exclude people or identifiable belongings
• If necessary, submit a complaint to the Residential Tenancies Section

Relevant Official Forms

Currently, there is no specific provincial form for photo consent. However, all actions regarding entry, inspections, complaints, or documentation should follow the prescribed processes set out by the Residential Tenancies Section:

• Notice of Entry: Your landlord must use a written notice to request entry for inspections, repairs, or viewings. You can download the Notice of Entry Sample Form (PDF).
  Example: If your landlord wants to inspect the apartment and take photos for maintenance planning, they must give you this notice at least 24 hours before entering.
• Tenant Application for Dispute Resolution (Form 6): Use this if you wish to file a formal complaint about privacy, unauthorized entry, or misuse of photos. Access it at Tenant Application Form.
  Example: If you believe photos of your unit were posted online without your permission, you can apply for a hearing using this form.

For general move-in procedures and documenting property condition, the Guide to the Initial Rental Property Inspection for Tenants can help you prepare.

Your Obligations and the Landlord's Duties

Landlords must act in good faith and respect tenant privacy. Tenants, meanwhile, should allow reasonable access for inspections and repairs after proper notice. For a full overview, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

As rental markets change and more listings go online, tenants want to protect their privacy. Find rental homes across Canada on Houseme to explore new options with confidence.

For a broader summary of rights in your province, review Tenant Rights and Landlord Rights in Newfoundland and Labrador.

FAQs about Landlords Taking Photos in Rentals

1. Can my landlord take photos inside my apartment while I am living there?
   Landlords can only take photos with your consent and proper notice. They cannot take or share photos of your private space without good reason or without following legal procedures.
2. What should I do if I find my belongings shown in a rental ad without my permission?
   Contact your landlord and ask them to remove or edit the photos. If unresolved, file a complaint with the Residential Tenancies Section using the Tenant Application for Dispute Resolution.
3. Does my landlord need my consent to photograph my rental before I move out?
   Yes, consent should be requested—especially if your personal items or family are visible in the images.
4. Are there exceptions for emergencies?
   In emergencies, landlords can enter and take photos as needed to address urgent issues, but should advise you afterward.

Key Takeaways for Newfoundland and Labrador Tenants

• You have strong privacy protections under the Residential Tenancies Act.
• Landlords need written notice and your consent to take or use photos inside your rental for most purposes.
• If your privacy is violated, formal complaint and dispute resolution options are available.

Most landlords respect privacy, but it’s helpful to be prepared and proactive about your rights.

Need Help? Resources for Tenants

• Residential Tenancies Section (Government of Newfoundland and Labrador)
  Advice, forms, and dispute resolution for landlords and tenants.
• Office of the Information and Privacy Commissioner NL
  For privacy-related complaints and further information.
• For questions on tenancy rights, contact local tenant associations or check Tenant Rights and Landlord Rights in Newfoundland and Labrador.

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1. Residential Tenancies Act, SNL 2018, c R-14.1 – full legislation text
2. Government of NL Residential Tenancies Section – official website
3. Office of the Information and Privacy Commissioner NL – privacy complaints and info
4. PIPEDA (federal privacy law) – see legislation

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