The Short Version
Taking photos or video inside your apartment is treated as part of whatever entry it happens during, so the same rules about notice and purpose apply. A landlord who has properly entered to document a repair, prepare a listing near the end of your lease, or handle an insurance claim can generally take photos as part of that visit. What's separate, and less settled by a simple notice rule, is what happens to those photos afterward if your personal belongings are visible in them.
Photography Tied to a Legitimate Entry Purpose
Entry-notice statutes generally tie the right to enter to a purpose — repairs, showings, inspections, and similar reasons (see the table below). California's statute, for instance, allows entry to "exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors," which is the same purpose that covers taking listing photos (Cal. Civ. Code § 1954(a)(2)). If the entry itself was lawful — proper notice, legitimate reason — photography that documents that same purpose is generally within scope.
Where It Gets More Complicated
A landlord photographing the unit for a repair record or a listing is different from a landlord photographing your belongings, your mail, personal documents left on a counter, or areas that have nothing to do with the stated purpose. Entry-notice statutes that limit access to a specific purpose don't extend to documenting whatever else happens to be visible, and California's law specifically bars using the right of entry to "harass the tenant" (Cal. Civ. Code § 1954(c)) — a landlord who wanders around photographing your things well past what the stated purpose required can run into that same problem.
Listing Photos That Show Your Stuff
If your unit is being photographed for a rental or sale listing while you're still living there, ask whether the photos will show your personal items, and whether you can tidy up or be present. You can reasonably ask that photos not be posted publicly showing your family, your belongings in identifiable detail, or anything you'd rather not have online — a landlord marketing the unit generally doesn't need those details to make the sale.
Photos Taken to Document a Repair or a Dispute
A landlord photographing a leak, damage, or a completed repair for their own records is different from a listing shoot, and it's a common, reasonable practice on both sides — it protects the landlord's records and can also protect you if a dispute later comes up about what was or wasn't fixed. Ask for a copy of any repair-documentation photos if you want your own record of the unit's condition at that point, especially if the same issue could come up again during a move-out inspection.
Hidden Cameras Are a Different, More Serious Problem
Installing a hidden camera or recording device inside your private living space — separate from a scheduled visit with a phone or camera — is not the same issue as photographing during a lawful entry. State privacy and eavesdropping laws generally treat covert recording inside a residence, especially in bedrooms and bathrooms, as a far more serious violation than an improperly noticed maintenance visit. If you find a hidden camera, that's a matter for the police, not just a lease dispute, and it's a different category of problem than anything an entry-notice rule was designed to address.
What to Do If You're Uncomfortable With Photos
- Ask in advance what the photos or video are for, and whether they'll be shared publicly.
- Request that personal items be removed from frame, or that you be given a chance to tidy up first.
- If listing photos are already posted showing your belongings, ask the landlord or agent to take them down or edit them.
- If you find recording equipment you didn't consent to, don't touch or remove it — document what you found and where, and contact the police.
Check Your Lease's Access and Media Clauses
Some leases include clauses giving the landlord broad rights to photograph or film the unit at any time. Honestkey™ reads an uploaded lease and flags entry and access language like that, so you can see whether it lines up with what your state's entry rule actually allows. It isn't a substitute for legal advice.