Q: What can I do to stop belligerent, intrusive photography by a landlord?
The landlord's management company has been legally performing apartment inspections for some time, then they switched to a different company. The new company's first inspection notice did not include information on their plan to take photographs, or even what specific day they would be arriving. Their act of taking photographs was belligerent and my protest was taken without credibility. The definitions of 90.322 relate to Landlord or agent access to the premises, meaning they are allowed to be present on their property to inspect it which has nothing to do with intruding on my privacy with a cellular phone camera application or any other camera or recording device. The matter is simply irrelevant to 90.322, and I am not aware of any other legal material relating to this issue.
A: You can sue the landlord for either damages or an injunction to prohibit future such behavior or both so long as you are prepared if you lose to owe the landlord's court costs and attorney's fees (potentially thousands of dollars). You have been told before that a landlord is allowed to photograph the condition of his property as long as he complies with ORS 90.322 - you just don't like it and want to argue. Fine - that's your right; argue it to the Judge who will decide. Arguing with anyone else is ultimately pointless since only the Judge has the power to make a binding, enforceable decision and you need to have skin in the game if you expect to meaningfully assert your ideas.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
