Apartment Security and the Law
Today’s economic conditions are perfect for investing in rental properties. While becoming a landlord offers a ton of financial benefits, there are also some potential drawbacks you’ll want to avoid.
Perhaps one of the worst things that can happen as a landlord is getting stuck with nightmare tenants. These people can refuse to pay their rent, or even worse, cause expensive damage to your property!
You might think that adding some surveillance cameras will help you keep your property safe, but you have to do it right. Keep reading to learn about the most important apartment security camera laws you’ll need to follow.
Apartment Security Laws for Property Owners
First things first. Although we’re discussing apartment security camera laws, the following information applies to all types of rental properties. Whether you’re purchasing a condo, apartment building, or single-family home to rent out, you’ll need to follow the same laws regarding the use of surveillance cameras.
To answer the question that’s certainly on the top of your mind, yes, you can install security cameras on your rental property. The laws vary from state to state, so you’ll definitely want to check on your specific state’s laws before moving forward. However, there are some important points that apply across the board.
Camera Location
In most states, it’s illegal to install surveillance cameras anywhere that people have a reasonable expectation of privacy. This means you’ll need to keep cameras out of places like bathrooms, bedrooms, and anywhere a person might get undressed.
Many states will take this a step further and say that tenants have a reasonable expectation of privacy inside their homes. To avoid breaking any laws, you should not install cameras anywhere inside.
You can, however, install cameras to monitor activities in the outdoor areas including the front and back door, driveway, back yard, and garage. Essentially, any space that could be considered “public” can be monitored.
Notification Requirements
Any cameras you install must be visible, as it’s illegal to install hidden or “spy” cameras anywhere on private property. You must also notify your tenant that the cameras are in use. It’s a good idea to add this clause to your lease or rental agreement, so there’s no question about whether you’ve informed them.
Audio Recording
Since most video surveillance systems now also have audio, this creates another legal concern. Under Federal wiretapping laws, it is illegal to record someone without their knowledge and consent.
In many states, as long as you inform your tenants that both audio and video recording is taking place, you should be okay. If the tenants then elect to have a conversation in front of the cameras, it’s usually considered consent. In other states, you must have the consent of all parties involved, or you’ve broken the law.
