The short answer: yes (with some caveats).
Your landlord cannot legally prevent you from installing security cameras in your apartment to monitor what goes on there, but there are some important exceptions.
In this article, we answer the question “can tenants install security cameras?” exhaustively. We look at all exceptions for your consideration.
Is it Legal to Install a Security Camera In an Apartment?
Yes, definitely in general. Several landmark rulings allow tenants to install security cameras, with some caveats.
What are the Exceptions in Installing Security Cameras?
Each state has its own rules and policies. For example, the California Department of Fair Employment and Housing (DFEH) encourages housing providers to allow tenants to install security cameras at their discretion. As long as the necessary disclosures are made beforehand, there should be no problem:
The DFEH suggests that an available apartment “should have a notice or disclaimer that alerts applicants to the availability of this feature and allows them to request permission to install a camera.”
In other words, as long as you tell your landlord before you start installing things in your apartment, there should be no problem.
The Courts Have Spoken: “Yes” But…
In California, there was a case where a tenant sued the landlord arguing that he had the constitutional right to install security cameras anywhere.
The court acknowledged that as long as the monitoring was done “in areas where individuals are likely to expect privacy” then it wouldn’t be allowed.
So, what is the bottom line?
As long as your landlord doesn’t specifically prohibit the installation of security cameras in your rental unit, you can install them.
One exception is if you are under a contract with your apartment building or association that prohibits security cameras. Once again, whether this is an issue for you depends on where you live and what the rules are at the property in question.
Another exception is if your apartment building or association prohibits hanging anything from the window, balcony, or another area outside of the apartment. There are no laws that specifically address this issue so there are different rules at every place where you live.
The DFEH has a good example: “If residents want to hang flower pots and planters from their windowsills, the landlord can prohibit this activity.”
A landlord has a right to prevent any activity in the tenant’s rented unit that would jeopardize safety and property values. If you are considering installing security cameras in your rental property, check with your state department of consumer affairs for specific rules on how it must be done.
Is it Legal to Monitor Common Areas of an Apartment?
Yes. Just as you can install cameras inside your apartment, so you can monitor activity in public and semi-public areas of the property that you rent. This would include doorways, hallways, laundry rooms, lobby areas, etc. Again – no one is allowed to record anyone else’s private activities, but recording the public areas of your apartment building is allowed.
The bottom line? If you want to install security cameras inside your apartment or outside your apartment in common areas, you can – as long as you disclose it to management first and they don’t tell you not to do it.
Every case is different though. If you’re considering installing security cameras at your apartment, the best thing to do is contact a local real estate attorney and ask about rules specific to where you live.
Can I Install Security Cameras on My Balcony?
As far as we can tell, this is not specifically addressed in most states’ laws… so it comes down to the landlord rules at your apartment.
We do know of one case where a tenant was allowed to install security cameras on his balcony, but it depended on the lease agreement.
It was also to be placed in a way that it cannot capture the neighbors’ balcony in any way.
Are Security Cameras Allowed in Laundry Rooms?
No one should record anyone’s activities while they are naked or undressing without consent. We’re not aware of any law that would allow a tenant to record people in the laundry room, other than if you can get consent from everyone who might be recorded.
If it’s a public area and you have signage asking for consent, this might work… but we don’t recommend it.
Can I Record My Activity at Home?
Yes, as long as it’s legal and you disclose the cameras to management.
You should let them know that you’re doing this so they can also be aware of any potential risks that might result from the camera.
For example, if someone tries to break into your place while you’re home or knocks on the door and needs immediate assistance… you’ll be able to provide it.
It might also discourage other crimes that involve seeing someone in their place. For example, if someone knocks on your door because they’re looking for the resident who lives one floor below you…
Can My Landlord Make Me Take Down My Camera?
Landlords can’t make you take them down, but some risks come with them.
An illegally installed camera could result in a lawsuit if someone is injured because of it, so you should probably have renters insurance just to be on the safe side.
The primary risk is that your landlord might try to evict you for breaking their rules or refusing to remove the cameras even though they told you to do so.
Depending on the laws in your state, this might not be legal – but just because it’s illegal doesn’t mean that a landlord won’t try to evict you anyway.
In most cases, it comes down to what is stated in the lease agreement… and whether or not there are any rules about recording devices allowed.
If you have a written lease agreement, look for anything about “unauthorized changes to the property” or “unauthorized pets.” If it’s not there, take pictures of where you are placing them just in case it becomes an issue later.
What Do I Need to Put on My Disclosures?
All you need is to let your landlord know that there are security cameras installed on the property.
You don’t need to specify which areas or how many, but it’s a good idea to do so if possible. If they tell you not to do it… keep doing it until they evict you for breaking their rules.
If it becomes a problem, you can have your attorney contact them and find out if it’s the law.
How Can I Install My Cameras?
This depends on where you live. In most cases, an electrical outlet is required for power – which means that you should try to install it near one of those outlets.
Hardware stores usually have the tools, cables, and plugs you’ll need to install them.
If you cannot attach them to your house or window frame, it will be difficult to see what is happening outside of your home.
You can install them on lamp posts near where you live if they’re available… but that will limit your view quite a bit.
If you have a porch or deck, this is probably the best place to install cameras…
Can I Use DVRs?
Yes, as long as they don’t break any laws and comply with your lease agreement.
Is There Anything Else I Need to Know?
Just make sure that you know what is required of you before getting started.
You should know what the laws are for your state, how to get access to the cameras if something happens, and what other people living there can do with them.
For example, do they have the right to walk in on you while you’re recording… or decide to watch it later? Can they access that footage if it’s stored online?
There are a lot of things to consider before deciding how many cameras to install and where they should go… but keeping your home safe is most important. If you choose to install them, make sure you let people know about them so they can take appropriate action.
Can Tenants Install Security Cameras? – Conclusion
If you are in a legal grey zone, it would be wise to get renters insurance.
It is no longer considered an invasion of privacy when someone lives there. Your landlord can not tell you what you are allowed or not allowed to do with the camera, only that they cannot break any laws.
You must disclose that there are security cameras but you do not need to specify where or how many. If your camera is illegally installed, it could result in a lawsuit if someone gets injured.
It also limits your view quite a bit if you choose to put them on lamp posts, so try installing them near the house or deck if possible. DVRs are allowed as long as they comply with your lease and do not break any laws.
Just make sure that you know what is required of you before getting started. You should know what the laws are for your state, how to access the cameras if something happens, and what other people living there can do with them.
For example, can they walk in on you while you’re recording or watch it later? Can they access that footage if it’s stored online? There are a lot of things to consider before deciding how many cameras to install and where they should go.
If you choose to install them, make sure you let people know about them so they can take appropriate action.