Are you in a dispute with your property owner about how security cameras are used? It’s a common issue, especially when security cams appear out of nowhere, as happened to my CNET colleague Corin Cesaric at her apartment complex.
“When I moved into my first apartment in NYC, there were cameras at the front door of the building, but later down the line, one was placed directly outside of our door,” Corin told me. “We weren’t told that new ones would be installed or given any reason for why it happened.”
It’s even worse if you think landlords are actively spying on you through those cameras — for example, if you see the live-view indicator lights come on frequently. (Some owners will outright tell you your friends are staying too long.) In this tug-of-war for privacy, tenant rights and home security features, I know where you stand. Here are the rules protecting you and what everyone should know.
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The reasonable expectation of privacy in rentals
When privacy laws are invoked, they focus on what the US legal system calls the reasonable expectation of privacy. It’s a broad rule that you can’t be recorded in places that you believe are private unless explicit consent is given.
For homeowners, that typically means places like bedrooms and bathrooms are off limits. For renters, their reasonable expectation of privacy typically extends to any inside rooms or shared common areas like washing rooms.
In practice, rental owners could set up a security system to watch public entrances — we see that all the time with rental security guards. It also means that landlords could install a security camera to watch a front door on a rental house, or a public hallway in an apartment building that includes many doorways (or shared swimming pools, parking lots or stairways). With today’s camera technology, that means they could get phone alerts and automatic video clips when a person is recognized entering or leaving.
However, it does not mean that a landlord could put a security camera inside your home. Even Airbnb short-term rentals have outlawed that. It also means that owners cannot position outdoor cameras in places where they could peek into windows to see inside a rental or into a neighbor’s property. Backyards are a fuzzier matter, but there’s generally a high expectation of privacy attached to them as well.
Also, the law is very clear that hidden cameras are strictly illegal in places like rental properties. Owners cannot try to disguise a camera or put it where renters can’t see it.
So, does that mean your landlord could get notifications about when, for example, your girlfriend shows up in the evening and leaves at night? Yes, as long as they are only watching a public entrance. Few landlords have the time or patience to weed through all captured video to track people like this (and property management companies even less so), but particularly worried landlords have been known to do it.
Nosy landlord? Read your lease carefully and start a conversation
If your landlord is stepping over boundaries and making you uncomfortable, we recommend taking action — but with consideration. The first step should always be to review your lease and see exactly what it says about security systems, how long a guest can stay (usually around a week before it breaks the lease terms), and if it says anything about owners installing new technology or monitoring you. Note any important recorded details.
With that knowledge, you can create a response to your landlord (preferably also recorded, like in an email or a video message) and let them know that you feel your privacy is being violated. Suggest a specific course of action. For example, you could ask that instead of a camera being pointed at your door, it could be moved to a stairwell or driveway to be less invasive. Or let them know that their surveillance legally violates your privacy if it’s egregious.
When your landlord responds, save that message and decide your next course of action. Don’t take any aggressive measures, like trying to block the security camera or putting up your own camera in response, since that’s likely to create more headaches. Sometimes simply expressing your intent to find a new rental or meet with an attorney can spur owners to take action or offer a compromise — as well as give you more info about your options.
Landlord spy laws may differ by state
Many states have created specific laws about what landlords can do and what rights tenants have concerning their privacy. I always suggest looking those up on government websites and privacy watchdog pages because the details get complex, but I can give a quick breakdown here.
States can have different laws about rental owners notifying you that they are installing cameras. A surprise camera system, like in Corin’s experience above, is a red flag but not technically illegal in New York, although other states like California do require owners to provide written notice. Likewise, different states may have different descriptions of where security cameras are banned. Certain states or cities may even require security systems in apartments of a certain size.
Many states also have specific laws about recording audio, which most security cameras can do when enabled. Some ban audio recording in apartments and similar places, while others only require tenants to be notified and/or provide consent.
Finally, states have different approaches to facial recognition, which is a relatively new technology in security cameras without many court cases to set a clear precedent. Some cities and states restrict facial recognition so much that security companies block the technology in those areas. Others, like Oregon and Colorado, have passed laws requiring consent first, which usually means landlords can’t just start identifying you and your friends by their faces. However, how these laws affect tenants is an ongoing conversation.
Keep your eyes on CNET’s security topics as I continue to cover issues like these, and learn even more about important topics like smart home hacking, the best security systems for renters and if police can seize home security footage.
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