Surveillance Camera installed inside of Home by tenants

Started by JackL7 • 7 replies • 509 views

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JackL7 (California)
Posts: 3

Posted:

Hello,

I've read a lot about homeowners rights to install cameras around the property as well as common areas. However, I have not found much about the tenants rights.

For example. If you are the homeowner and you rent out the in-law downstairs. Assuming the hallway from their door to the front gate is a common area. Do tenants have the right to install cameras in the hallways/ doorway pointing into my garage? They have not mounted this onto the wall. This is one of those battery powered devices and are wifi enabled.

Do i have the right to tell the tenant to remove these cameras in the common area? Note The hallway passes by my garage which i consider private area.

I do not know if their device record's audio or not.

Any help would be appreciated.

Thank you,

MarkW18
Posts: 1,290

Posted:

You must contact the owner, not the tenant.

JackL7 (California)
Posts: 3

Posted:

I am the homeowner.

Do i have the right to tell the tenant to remove the cameras?
The tenants on the second floor are complaining about "being watched in the common area", by the tenants in the in-law below.
The Camera is pointed down the walkway and into the laundry room.

Where i'm from there are a lot of laws that "protect tenants" so i dont want to step out of line.

SheliaH (Indiana)
Posts: 6,964

Posted:

you can speak to whoever you want about whatever, but because these people are renting from whoever owns that unit, your beef is really with him or her and that's who you need to talk to resolve this.

Although this camera is pointed towards your garage, you don't know for certain how much is being picked and because the hallway is a common area, you may not be able to expect any privacy anyway. Who's to say someone won't stroll by and try to peer or break in your garage whether the camera's there or not?

Start with being a good neighbor and express your concern to the tenant. They may be willing to show you what the camera's recording and you might not have a problem you think you have. In fact, you may be glad the camera is there because it can pick up suspicious behavior the neighbor could warn you about? In some cases, crime have been resolved because a neighbor's camera did pick up valuable information in my area, such cameras were responsible for helping police catch a group of robbers who broke into a house and killed a young mother.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JackL7 (California)
Posts: 3

Posted:

Hey Shelia,

Thanks for the reply.

Due to concerns about safety, we've already installed a 4k Surveillance system all around the building.

This is mainly concerning the common area the 2 tenants share.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Re: cameras in common areas, our attorney has said that people have no expectation of privacy in these areas, so the camera isn't necessarily a problem. However, associations nearly always have some language in their CC&Rs that state any modifications that are made outside a unit must have prior approval from the association, and a camera is one of those things. If the board did not OK the installation, then it's a violation.

I doubt that landlord tenant laws would apply in this case because the association is not the tenant's landlord - the unit owner is. And many/most CC&Rs have provisions stating that tenants must comply with the governing documents - being a tenant doesn't give you some magical "get out of jail free" card.

If you're concerned about the camera, I would contact your board and see what they have to say.

KerryL1 (California)
Posts: 14,550

Posted:

Our CC&Rs don't let anyone install anything in the common areas. Don't your say something like that, Jack?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You own the house thus you are responsible for what your tenants do. If they attached something to the house without your permission then you have every right to take it down. Tenant's rights apply to unjust rent. It doesn't include them violating rule of the HOA or damaging your property.

Former HOA President

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