Can a landlord put security cameras with audio in an apartment building's common areas?
Video cameras in shared spaces such as lobbies, parking lots and hallways are common, but audio is where landlords get into trouble. Federal law and many states let a recording happen with one party's consent, but a landlord is not a party to tenants' conversations, and California, Florida and Washington require every party's consent for private conversations. Never point a camera into a unit, bathroom or any place people expect privacy.
Why video and audio are different questions
Most camera rules owners worry about are really wiretap rules. Wiretap and eavesdropping laws protect what people say, so a camera that also records sound is treated as a recording device for conversations. Video alone is mostly limited by privacy laws about where you point it. That is why many building owners buy cameras with the microphone switched off.
Audio: whose consent you need
The federal wiretap law allows a person to record a conversation they are part of, or one where a party has consented (18 U.S.C. 2511(2)(d)). A lobby camera recording two tenants talking has neither: you are not a party and nobody agreed. Some states require more than federal law.
| Law | Rule for recording conversations | Penalty named in the law |
|---|---|---|
| Federal, 18 U.S.C. 2511 | Legal if you are a party or a party consented | Criminal and civil penalties under the act |
| California, Penal Code 632 | All parties to a confidential communication must consent | Fine up to $2,500 per violation; a person harmed can sue for $5,000 per violation or three times damages (Penal Code 637.2) |
| Florida, Statutes 934.03 | Lawful when all parties have given prior consent; covers oral communication made with an expectation it is not being intercepted | Criminal penalties under chapter 934 |
| Washington, RCW 9.73.030 | Consent of all persons in a private conversation; an announcement to all parties, itself recorded, counts as consent | Penalties under chapter 9.73 |
Read on 2026-10-30: 18 U.S.C. 2511, California Penal Code 632 and 637.2, Florida 934.03, Washington RCW 9.73.030. Other states have their own rules; ask your attorney before recording sound.
A sign saying "audio recording in progress" helps in some places and not others, and a lease clause binds only the tenant who signed it, not their visitors. The safer default is video without audio.
Video: where cameras go and where they never go
Usually fine, with signs
- Entrances, lobbies and mail areas
- Parking lots and garages
- Hallways and stairwells
- Laundry room doors (the door, not people undressing or changing)
- Trash and package areas
Never
- Inside any rented unit
- Bathrooms, locker rooms or changing areas
- Angled through a unit's window or door
California makes it a crime to view, by camera or any other device, the inside of a bedroom, bathroom, changing room or any area where people have a reasonable expectation of privacy, with intent to invade their privacy (Penal Code 647(j)). Your entry into a unit is limited by your state's entry rules too, so a camera inside a rented unit is off the table.
What an audio mistake can cost
Example a made-up owner of a 20 unit California building installs four lobby cameras with microphones on and no notice. Three tenants whose private conversations were recorded sue under Penal Code 637.2. At $5,000 per violation and one violation each, that is 3 times $5,000, or $15,000, before any criminal fine of up to $2,500 per violation and before legal fees.
The same cameras with audio turned off would have recorded the same faces at the door and none of this risk.
A short camera policy to write down
- List each camera, where it points and whether audio is off (it should be).
- Post signs at entrances that video recording is in use.
- Set footage to delete itself after a fixed number of days unless you save a clip for an incident.
- Decide who can view footage, and give everyone else no access.
- Turn on two-factor sign-in for the camera app, and change default passwords.
- Share footage with police or an insurer only for a specific incident, and keep a note of what you sent.
- Tell tenants in writing what is recorded and where, so nobody is surprised.
How DoorKeeping fits
DoorKeeping does not run cameras. You can email every tenant the camera notice at once, keep the written policy and incident notes in the property's documents, and track camera installs and repairs as work orders. The camera system's bill is read by AI and coded to that building. $2 per unit per month, and no legal advice: check your state's recording law with your attorney.
Sources
- 18 U.S.C. 2511, Interception and disclosure of communications, read Oct 30, 2026
- California Penal Code section 632, read Oct 30, 2026
- California Penal Code section 637.2, read Oct 30, 2026
- California Penal Code section 647, read Oct 30, 2026
- Florida Statutes 934.03, read Oct 30, 2026
- Washington RCW 9.73.030, read Oct 30, 2026
Questions
- Can a landlord record audio in an apartment hallway?
- It is risky. A landlord is not a party to tenants' conversations, and states such as California, Florida and Washington require the consent of every party to a private conversation. Most owners keep microphones off.
- Do I have to tell tenants about security cameras?
- It depends on the state, but posting signs and telling tenants in writing where video is recorded is good practice and avoids disputes. Never place cameras where people expect privacy.
- Can a landlord put a camera inside a tenant's apartment?
- No. A tenant's unit is private, entry is limited by state law, and California makes it a crime to view the inside of a bedroom or bathroom by camera with intent to invade privacy.