When does landlord monitoring cross the line into illegal surveillance?

Posted: March 18 2025

Landlord monitoring can cross the line into illegal surveillance when a landlord violates a tenant's reasonable expectation of privacy or a specific federal or state law. 

Federal Protections

  • The Fourth Amendment protects against unreasonable government searches, but applies only to government actions.1 However, it may become relevant if a landlord conducts a warrantless search at the direction of law enforcement.
  • Electronic Communications Privacy Act prohibits landlords from intercepting your electronic communications, such as monitoring tenant activity on landlord-provided WiFi without consent.2

State Protections

Across most states the following landlord behavior crosses the line:

  • Hidden cameras in bathrooms, bedrooms, or other private spaces3
  • Cameras inside your unit without your knowledge or consent4
  • Audio recording without your consent (in states with two-party consent laws)
  • Surveillance targeting tenants based on race, religion, or other protected characteristics5
  • Monitoring used to discourage tenant organizing or advocacy6

If you believe your landlord is violating your privacy rights, consult a tenant rights attorney or organization in your state to learn about your legal options.

 

Notes

1 U.S. Constitution, Amendment IV
2 Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2522
3 Generally prohibited under state voyeurism laws; e.g., California Penal Code § 647(j)
4 Federal Wiretap Act, 18 U.S.C. § 2511; California Penal Code § 632
5 Fair Housing Act, 42 U.S.C. § 3601-3619
6 See. e.g., California Civil Code § 1942.5