Are Hidden Cameras Legal in Delaware Rentals?

If you rent a home or apartment in Delaware, you may wonder whether your landlord can legally install a hidden camera on the property. This guide explains your privacy rights, what the law says about surveillance in Delaware rentals, and how you can take action if you suspect your landlord is violating your right to privacy.

Understanding Privacy Rights in Delaware Rentals

Every renter in Delaware is entitled to reasonable privacy in their home. This includes protection from unwanted recording or surveillance by your landlord. Delaware law is clear about respecting tenant privacy, but there are also specific rules around landlord entry and monitoring.

Can Landlords Use Hidden Cameras?

In Delaware, it is illegal for landlords to place hidden cameras in rental units where tenants have a reasonable expectation of privacy. This includes inside bedrooms, bathrooms, and other living spaces. Under the Delaware Wiretapping and Electronic Surveillance Control Act, recording audio conversations without consent is prohibited, and video recording inside a private area is highly restricted.^[1]

• Landlords cannot put hidden cameras inside your apartment or house without your knowledge or consent.
• Security cameras may be allowed in common areas (like hallways or building entrances), but these should not be placed where you expect privacy.
• Any intentional secret video or audio recording inside your living space likely breaks state law.

If you discover a hidden camera or suspect your landlord is recording you, you have the right to raise a complaint and seek legal recourse.

Notice and Landlord Entry Rules

Delaware law also requires landlords to give at least 48-hours written notice before entering your unit for inspections, repairs, or showings (except in emergencies). This protects your privacy and gives you time to prepare.^[2]

• Entry without your permission—or without proper notice—may be a violation of your rights.
• Landlords cannot use entry as an excuse to monitor or surveil tenants.

Your Rights Under Delaware Landlord-Tenant Law

The main law protecting renters and regulating landlord conduct is the Delaware Residential Landlord-Tenant Code.^[2] This law covers:

• Privacy and right to quiet enjoyment
• Rules for landlord entry
• Procedures for complaints and notice requirements

If you believe your privacy rights have been violated by a hidden camera or unauthorized surveillance, you can take formal steps to address the issue.

Taking Action: What to Do If You Find a Hidden Camera

If you find a hidden camera or have concerns about landlord surveillance, try these steps:

• Document the issue: Take clear photos of the device and where it was found.
• Contact your landlord (in writing) to address your concerns and request removal.
• If safety or criminal law is involved, contact local law enforcement—secret recordings may be a crime.
• You may also file a formal complaint with the Delaware Department of Justice Consumer Protection Unit or seek help from the Delaware Justice of the Peace Court, which handles landlord-tenant disputes.

Relevant Complaint Forms and Where to File

• Delaware Consumer Complaint Form
  Use this form to report issues like illegal surveillance, privacy violations, or unfair landlord practices. Download the Consumer Complaint Form PDF. Submit it to the Delaware Department of Justice.
  Example: If you find a hidden camera in your apartment, fill out this form to start an official investigation.

The main tribunal handling landlord-tenant matters in Delaware is the Justice of the Peace Court.

FAQ: Delaware Rental Privacy and Cameras

1. Can my landlord put security cameras outside my rental?
   Yes, landlords may install visible cameras in common or exterior areas, such as entrances or parking lots, as long as they do not record private spaces inside your unit.
2. Is it legal for my landlord to record audio inside my unit?
   No, Delaware law prohibits recording audio conversations inside a private residence without the consent of all parties involved.
3. What should I do if I find a hidden camera in my rental?
   Document the camera, notify your landlord in writing, and contact law enforcement or state agencies if you believe your privacy has been violated.
4. How much notice does my landlord have to give before entering?
   Landlords must provide at least 48-hours' written notice before entering, except in emergencies.
5. Where can I get help with a rental privacy dispute?
   You can file a complaint with the Delaware Department of Justice Consumer Protection Unit or bring your case to the Justice of the Peace Court.

Key Takeaways for Delaware Renters

• Landlords in Delaware cannot use hidden cameras or record you without your knowledge in private living spaces.
• Written notice is required for landlord entry, protecting your privacy rights.
• If you find a hidden camera, document everything and contact the appropriate authorities or agencies for help.

Staying informed and knowing your rights helps keep your home safe and your privacy protected.

Need Help? Resources for Renters

• Justice of the Peace Court – Handles all landlord-tenant legal matters.
• Delaware Residential Landlord-Tenant Code – Read the full text of state rental laws.
• Delaware Attorney General’s Office – Consumer Protection Unit – File rental privacy or safety complaints.
• Delaware Consumer Complaint Form

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1. See the Delaware Wiretapping and Electronic Surveillance Control Act (Title 11, Chapter 133A)
2. Consult the Delaware Residential Landlord-Tenant Code (Title 25, Chapter 53)

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