Legal issues with using camera in house (apartments, lease agreement, tenant rights)
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So some people use hidden nanny cameras... That doesn't seem to cause legal problems? Is it equally ok for a landlord to use surveillance video cameras in common areas of a house where tenants live without the tenants' knowledge?
I sure as hell hope it isn't legal. A nanny isn't in what they would consider their own residence. A tenant is. For example, I think one could reasonably assume a nanny won't go walking around the house naked. No such assumptions could be made about a tenant in their apartment.
So some people use hidden nanny cameras... That doesn't seem to cause legal problems? Is it equally ok for a landlord to use surveillance video cameras in common areas of a house where tenants live without the tenants' knowledge?
IANAL, but it is NOT legal to do this. Inside, tenants are renting a space and have a reasonable expectation of privacy. A babysitter does not have the same reasonable expectation of privacy as they are not in their home, but inside someone else's.
So some people use hidden nanny cameras... That doesn't seem to cause legal problems? Is it equally ok for a landlord to use surveillance video cameras in common areas of a house where tenants live without the tenants' knowledge?
Obviously you would need to consult an Attorney for your specific State to obtain a definitive answer. manderly6 put it in perspective but there are potential allowances for this.
In general it is not considered legal to place any monitoring device whether hidden or not in any area that a person would reasonably expect privacy. If the front door to that home is left open with the intent that the common area is fully accessible and approved for use by the public then it would be considered a public area without a reasonable expectation of privacy. The concept is the public has chosen to access and use that area, and the owner has a reasonable right to make sure it is secure and safe for them and his property. In your case I would expect the exterior doors are kept locked and accessible only to the tenants of that home, as well as the landlord. You would have a right to expect privacy under these conditions and monitoring devices would potentially not be considered legal to use.
There is a caveat to consider. Privacy laws are only there to protect you from unknown intrusion into your privacy. There is no law anywhere that prevents anyone from having you sign a contract agreeing to waive your privacy rights either partially or entirely. If your lease agreement is written in such a way that allows your landlord to mount cameras in the bathroom, and you knowingly agree to it, are fully aware you are signing away your privacy rights as well as what they were, are not under duress when you sign the contract, then your landlord can mount cameras in the bathroom.
If you have concerns about your landlord's actions you should consult an Attorney. You can check the local municipality offices that handle landlord/tenant rights but they most likely will also tell you to consult an Attorney.
NO WAAAY! When you lease a property you get full enjoyment and use of it unless there are named exclusions. Having a monitoring camera would have to be revealed.
Common areas? Is this the landlord renting out rooms in the house, and everyone, including the landlord, shares the common area (living room, kitchen, etc.)?
If it is a two or more family house with areas common to all tenants, then a camera is not illegal. Some parts of the country don't understand multi-family dwellings that are not apartment buildings. These are quite common in the northeast, however. Most are complete apartments, one to each floor generally with a common back stairway and basement, although each tenant generally has an area set aside for their use.
Many years ago, we rented a 2nd/3rd floor apartment. The tenants on the 1st floor were wonderful. We had 4 bedrooms, 2 baths, an enclosed porch, living room, formal dining room, eat in kitchen - in short, more room than we will have in the single family home we purchased for our retirement. We each had our own side of a garage to use and we shared the driveway amicably. Then they bought a house and the new tenant moved in.
The nice thing is that generally they are in family neighborhoods and backyards are usable for picnics, bbqs, swing sets, etc.
if the guy is trying to tell you it then get a lawyer and talk to them for that is b.s. in the first degree ..
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