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Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
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Experience:  Attorney
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Is it legal to create a website that shows before and after

Resolved Question:

Is it legal to create a website that shows before and after pictures of rental properties? Meaning, if a person was to take a picture of the individuals who will be renting a house with their written permission to post their pictures on a website, then take pictures of the home both inside and out as well as the yard, then again take pictures of the same when they move out, posting them all. Along with the name of the renters and the address of the property. No one would would write any positive or negative remarks referring to the tenant. The picture says it all, good or bad opinions would be determined by the future landlord.
Submitted: 2 years ago.
Category: Business Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

There may be a slight delay in response time, as I may be helping with other questions or I may be away from the computer. I will answer any follow-up questions as soon I can.

If the tenants agree to have their pictures published, and the owner of the house grants you access (or the tenant, if there's a tenant in there when you enter), there's nothing inherently illegally in the situation you're describing. A person can't claim a privacy interest in a property before he moves in, or after he moves out. It's not defamation of character if it's true. But there's a good chance that this type of company could get sued (even by tenants who consented to have the pictures taken), so you'd probably want to incorporate or form an LLC to protect your assets, and it would be a very, very good idea to hire a lawyer to review everything before you actually publish the website. You'll need some well-written disclaimers.

Please rate my service before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - otherwise, please reply so we can continue the conversation. Good luck.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 20405
Experience: Attorney
Lucy, Esq. and 9 other Business Law Specialists are ready to help you
Customer: replied 2 years ago.

I'm sorry it has taken me so long to get back to you. My Mac went down and I had to have it repaired. I tried replying through my phone, but evidently to no avail. I just got it back up and running a few minutes ago and wanted to first reply to you.


 


I can see where some renters will be hesitant, and perhaps may not want there pictures or names posted. However, as you stated... Since pictures will be taken before the tenants moved in and after they have moved out, they will have no right to privacy interest. Would it be slander or anything else to just post the fallowing...


 


The pictures shown below are of the home located at 2380 Hwy 99w, Corning Ca, 96021, it was rented to XXXXX XXXXX, DOB 9-23-1979 and Jane Doe, DOB 2-21-1982, between the months of 11- 04- 2011 and 3-31-2012,


 


Neither this website, the owner of the property, landlord, property manager or the property management company hereby states anything negative or positive regarding it's past tenants. This sites purpose is only to allow you the viewer to see the before and after pictures of such properties. May the beauty of these pictures be in the eyes of the beholder. Absolutely no opinions or references have been or will be provided. All those who have posted pictures on this site have documented with witness to the fact, that these pictures have not been prefabricated or altered in any form or fashion and were taken just prior to the tenants taking occupancy and just after tenants had vacated the property or residence. Furthermore those who have post pictures also have documented with witness to the fact, that all pictures, are in the order of before and after just as they have been posted. In closing, we here at (blankety blank.com) again would like to remind you, that we form no opinions regarding the photo's posted, nor do we provide any type of reference, to anyone, as to what these photo's represent. So, once again we state...That here at (Blankety blank.com) we believe, beauty is in the eyes of the beholder and wish only the best to all the future tenants and their landlords. May you both find exactly what you're looking for.


 


Sincerely (blankety blank. com)


 


 


The site will then show before and after pictures of the home


.............................................................................................................................


 


Dear Lucy:


 


Thank you for your help and understanding. Although I will do as you suggested and talk to an attorney, in your opinion only, do I need a written release to post their name and birthdate along with the pictures of the home. I noticed, that if I look up my name it states where I live and lived in the past. I will take no pictures of them.


 


Sincerely


 


Mark Camaren


 

Customer: replied 2 years ago.
Dear Lucy

Did you receive my follow up question?
I'm hoping it got to you.

Thank you
Mark Camaren
Expert:  Lucy, Esq. replied 2 years ago.
I'm sorry. I signed off early last night, and, for some reason, I never got the notification.

You should not post anyone's date of birth on a website without their consent. People who are concerned with identity theft will probably not agree, and they may sue you for invasion of privacy if you publish that information. The landlords shouldn't be giving it to you, so you'd have to get it from the tenants - and they may or may not agree. It's not slander, because slander is an untrue statement of fact. A picture could be construed as a "statement," but - it's true. That's why a picture is worth 1,000 words. Unless you're doctoring pictures, or posting untrue or misleading statements with the pictures, that's not slander. The fact that a person rented a house for a certain time period isn't generally considered private information, so it's not protected.
Customer: replied 2 years ago.
Lucy, just one final question. Without putting their D.O.B. can I simply state their age at the time of renting.

Thank you for all your help and expertise
Sincerely, Mark
Expert:  Lucy, Esq. replied 2 years ago.
A person's age isn't typically considered private information, although some people may prefer not to tell you.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 20405
Experience: Attorney
Lucy, Esq. and 9 other Business Law Specialists are ready to help you

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