Security Cameras at Rental Properties: Placement and Audio Laws
Where landlords may and may not put cameras, why audio recording is the bigger legal risk, and the all-party consent rules in California and Washington.
By Seayora Editorial Team · Published · Facts checked · 3 min read
Short answer: Landlords commonly use cameras in entrances, lobbies, hallways and parking areas, but never inside a home or in bedrooms or bathrooms, where recording someone can be a crime; New York makes surreptitious recording in a bedroom or bathroom without consent a felony. Audio is the bigger risk: federal law allows recording only by a party to a conversation or with one party’s consent, and California and Washington require the consent of everyone in a private conversation.
Key takeaways
- Keep cameras to common areas and exteriors; never inside a unit, a bedroom or a bathroom.
- New York: surreptitiously recording a person in a bedroom, bathroom or changing room without knowledge or consent is unlawful surveillance, a class E felony (Penal Law § 250.45).
- Federal law permits recording a conversation only by a party to it or with a party’s consent (18 U.S.C. § 2511(2)(d)); a building camera is not a party.
- California and Washington require the consent of all parties to a confidential or private conversation (Cal. Penal Code § 632; RCW 9.73.030).
- Post clear notice of cameras and keep footage access limited and logged.
Where can a landlord put security cameras?
In places where people have no reasonable expectation of privacy: building entrances and exteriors, parking areas, lobbies, hallways, stairwells and mail rooms. Cameras inside a tenant’s home, or anywhere people undress or use the toilet, expose the landlord to criminal and civil liability in essentially every state. New York’s unlawful surveillance statute, for example, makes it a crime to surreptitiously record a person “in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower” without their knowledge or consent, and presumes a device installed in those rooms was installed for no legitimate purpose (N.Y. Penal Law § 250.45).
Can a security camera record audio?
This is where most legal trouble starts. Federal law makes it lawful for a private person to intercept a conversation only “where such person is a party to the communication or where one of the parties to the communication has given prior consent” (18 U.S.C. § 2511(2)(d)). A camera in a lobby is not a party to the conversations it picks up, so recording people talking privately there is risky even in one-party-consent states.
Several states go further and require everyone’s consent. California punishes anyone who “intentionally and without the consent of all parties to a confidential communication” records it, with a fine of up to $2,500 per violation or jail, and makes the recording inadmissible (Cal. Penal Code § 632). Washington bars recording any “private conversation … without first obtaining the consent of all the persons engaged in the conversation” (RCW 9.73.030). Enclosed shared spaces such as laundry rooms, elevators and mail rooms are exactly where a private conversation is likely.
| Question | Rule | Source |
|---|---|---|
| Recording audio without consent | Lawful only for a party to the conversation or with a party’s consent | 18 U.S.C. § 2511(2)(d) |
| Audio in California | Consent of all parties to a confidential communication | Cal. Penal Code § 632 |
| Audio in Washington | Consent of all persons engaged in a private conversation | RCW 9.73.030 |
| Video in bedrooms and bathrooms (New York) | Unlawful surveillance, a class E felony | N.Y. Penal Law § 250.45 |
What else should a landlord do?
- Post signs at entrances and near cameras, and describe the system in the lease or house rules.
- Turn audio off unless you have a specific, lawful reason and the notices to support it.
- Point cameras away from unit doors’ interiors and windows into homes.
- Limit who can view footage, keep a log of who viewed it, and set a retention period.
- Check local rules too; some cities restrict facial recognition and biometric data in housing.
How does Seayora handle camera placement?
Seayora does not connect cameras inside a home, in a bedroom or in a bathroom, and refuses those placements with the reason. Sound is off until someone types the camera’s name and confirms signage, and every time footage is viewed it is recorded in an access log.
Frequently asked questions
Can a landlord put a camera inside a rental unit?
No. Recording inside a home someone lives in risks criminal and civil liability, and recording in a bedroom or bathroom without consent is a felony in New York.
Are security cameras with audio legal in apartment hallways?
Video is common, but audio is risky. A camera is not a party to the conversations it records, and California and Washington require every party’s consent for private conversations.
Do landlords have to post signs about cameras?
It is the safest practice everywhere, and it supports the argument that nobody expected privacy in the area recorded.
Sources
- 18 U.S.C. § 2511, Interception and disclosure of wire, oral, or electronic communications, Legal Information Institute
- California Penal Code § 632, California Legislative Information
- RCW 9.73.030, Intercepting, recording, or divulging private communication — Consent required, Washington State Legislature
- N.Y. Penal Law § 250.45, Unlawful surveillance in the second degree, New York State Senate
How Seayora helps
Security cameras: Common-area cameras with interior placements refused, sound off by default, and a log of every time footage is viewed.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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