California Laws on Surveillance Cameras in Common Areas

If you rent an apartment or a unit in California, you might notice surveillance cameras in shared spaces like hallways, parking lots, or laundry rooms. As more landlords use security technology, it’s important for renters to know their privacy rights when it comes to cameras in common areas. This article explains what California law says about surveillance cameras in these spaces and what you can do if you think your privacy is being violated.

What Are Common Areas?

Common areas are parts of a rental property shared by all tenants, such as:

• Hallways and stairwells
• Lobby or entryways
• Mail rooms
• Laundry rooms
• Shared courtyards, pools, or gyms
• Parking lots or garages

Knowing which zones count as common helps you understand where cameras might legally be installed. Areas like the inside of apartments are not considered common areas.

California Laws on Surveillance and Privacy

California law balances a landlord’s duty to keep common areas safe with a tenant’s right to privacy. According to the California Civil Code Section 1940-1954.06, tenants have a right to "quiet enjoyment" of their rental, which includes privacy expectations¹.

Landlords may install cameras in common areas for safety, but:

• Cameras cannot be inside private units or in areas where tenants expect high privacy (like bathrooms or inside bedrooms).
• Recording audio without consent is usually illegal under the California Penal Code Section 632 (the two-party consent rule)².
• Cameras in common areas should generally be visible (not hidden).

Cameras used for harassment, intimidation, or in a way that violates a tenant’s private life could breach state law. The California Department of Consumer Affairs reminds landlords that all installations must respect reasonable privacy³.

When Are Cameras Allowed?

Most security cameras installed for safety—such as in parking lots or lobbies—are allowed, as long as they don’t record inside individual homes or private spaces. But if you suspect a camera is recording private activity or installed in a concealed way, you may have grounds for concern.

Your Rights as a Tenant

California tenants have:

• The right to request information about surveillance devices in the building
• Legal protections if a camera is installed in a way that invades privacy
• The right to file a complaint with local authorities or housing bodies if you feel your rights have been violated

If the issue is not resolved with your landlord, you may file a complaint with your local rent board or seek help through the appropriate tribunal.

How to File a Privacy or Harassment Complaint

If you believe a surveillance camera in a common area violates your privacy or is being misused, you can take these steps:

• Document the camera: Take clear photos and write down dates, times, and details of your concerns.
• Notify your landlord in writing: Explain your privacy concerns and request a response.
• File a formal complaint if the situation isn’t resolved:
• You can file with your local Rent Board or Housing Department, or file a harassment complaint with the California Department of Fair Employment and Housing (DFEH).
• For serious invasions of privacy or harassment by a landlord, use the California Civil Rights Complaint Form (DFEH-0001) to submit your complaint to the DFEH. This form is used when you believe your rights were violated due to harassment or a privacy breach.
  Example: If a camera is pointed into your private window or bedroom, fill out and submit Form DFEH-0001 to start an investigation.

The main governing body for California residential tenancy disputes is the California Department of Housing and Community Development (HCD). For discrimination or harassment claims, contact the California Civil Rights Department.

Relevant Laws Protecting Tenant Privacy

• California Civil Code, Sections 1940–1954.06 (Tenant rights & privacy in rental housing)
• California Penal Code Section 632 (Two-party consent for audio recording)
• California Fair Housing Laws

These rules help you understand when surveillance cameras are allowed—and when to speak up if you feel uncomfortable.

Frequently Asked Questions

1. Can my landlord put cameras inside my apartment?
   No. It is illegal under California law for landlords to install cameras inside rented apartments or areas where a tenant has an expectation of complete privacy, such as bathrooms or bedrooms.
2. Are cameras in hallways or parking garages legal?
   Yes, cameras are typically allowed in public/common areas like hallways, lobbies, and parking garages, but not in private living spaces.
3. Can my landlord record audio as well as video in common areas?
   Audio recording without the consent of all parties is generally illegal in California because of "two-party consent" laws. Video-only systems are more common and lawful in shared spaces.
4. What should I do if I feel a camera violates my privacy?
   Document your concerns and contact your landlord in writing. If not resolved, you may file a complaint with local housing authorities or the California Civil Rights Department.
5. Which body handles tenant privacy complaints in California?
   The California Civil Rights Department (CRD) investigates complaints about harassment or violations of rental privacy laws. Local rent boards may also help with tenancy security disputes.

Key Takeaways for California Renters

• Surveillance cameras are generally allowed in shared/common areas but not in private living spaces.
• Audio recording in shared spaces is usually prohibited without everyone’s consent.
• If your privacy is being violated, document your issue and use official resources for help.

Knowing these rules helps you stay informed and confident about your right to privacy in your California rental.

Need Help? Resources for Renters

• California Department of Housing and Community Development (HCD): State housing resources and contact for rental complaints.
• California Civil Rights Department: Handles complaints about discrimination or harassment in rental housing. Use the DFEH-0001 Complaint Form.
• California Tenants – A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities: Comprehensive state publication for renters.
• Contact your local city or county Rent Board for local rules and security camera disputes.

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1. California Civil Code Sections 1940-1954.06. Tenant Privacy Rights
2. California Penal Code Section 632. Audio Recording Consent
3. California Department of Consumer Affairs. California Tenants’ Rights Guide

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