Delaware Laws on Surveillance Cameras in Common Areas

If you’re renting in Delaware, you may notice security or surveillance cameras in areas shared by all residents, like lobbies and hallways. Understanding what your landlord can and can’t do with video cameras is important for your security and privacy. Delaware law aims to balance safety with tenant rights, and knowing the rules can help you take action if you’re concerned about surveillance in your building.

Are Landlords Allowed to Use Cameras in Common Areas?

In Delaware, landlords are generally permitted to install surveillance cameras in common areas of rental properties, such as:

• Hallways
• Entrances and lobbies
• Laundry rooms
• Parking lots and exterior walkways

However, Delaware law does not allow cameras in any area where tenants have a reasonable expectation of privacy. This means that bathrooms, inside rental units, and bedrooms are off-limits for any kind of video surveillance.

Privacy Requirements Under Delaware Law

Delaware’s landlord-tenant statute, the Delaware Residential Landlord-Tenant Code, addresses privacy but does not specifically mention surveillance cameras. Instead, it broadly protects tenants’ rights to privacy from unreasonable landlord intrusion.^[1]

• Installation or use of cameras must not violate privacy laws.
• Audio recording is much more restricted, as Delaware is a "two-party consent" state for audio; both parties must agree to any audio recording.

If you feel surveillance in common areas has become intrusive or intimidating, you may have grounds to request its removal or file a complaint.

Notice and Consent for Surveillance in Delaware

While Delaware law does not explicitly say that landlords must give written notice before installing cameras in common areas, it’s considered best practice and can help avoid disputes. For your own protection, ask your landlord how surveillance footage is used and whether it is actively monitored or just archived for security purposes.

When Can Surveillance Become a Violation?

Cameras must not:

• Be hidden in areas where you expect privacy (bathrooms, inside your unit)
• Be used for harassment or intimidation
• Record conversations without your knowledge or permission

What to Do If You Feel Your Privacy Is Violated

If you think a camera violates your rights, you can:

• Document the camera’s location and scope
• Communicate your concerns in writing to your landlord
• Request clarification on camera use and retention policies
• File a formal complaint if issues are unresolved

For unresolved disputes, Delaware tenants can seek help from the Justice of the Peace Court - Landlord-Tenant Division, which manages landlord-tenant complaints and hearings.^[2]

Relevant Official Forms for Delaware Renters

• Justice of the Peace Court Civil Complaint Form (CF01): Use this to file a formal complaint about a landlord’s actions regarding privacy or surveillance. Find the Civil Complaint Form (CF01). For example, if your landlord installed a camera directly outside your apartment door without notice, you can use this form to request a hearing.
• Request for Repairs or Remedy (No Specific Number): While not for surveillance specifically, you can use this template to request formal written communication with your landlord. See example templates from the Delaware Attorney General.

Your Rights Under Delaware Landlord-Tenant Law

The Delaware Residential Landlord-Tenant Code (Title 25, Chapter 53) is the main law protecting renters. It gives you the right to quiet enjoyment and privacy in your rented home. Excessive or inappropriate surveillance may violate these basic rights—even if in a common area.

1. Can my landlord put cameras in hallways or shared laundry rooms?
   Yes, this is allowed in Delaware as long as the purpose is for general security and cameras do not record inside your apartment or private spaces.
2. What should I do if I suspect hidden cameras where I expect privacy?
   Document the situation, alert your landlord in writing, and if unresolved, file a complaint with the Justice of the Peace Court using official forms.
3. Does my landlord have to notify me about new surveillance cameras?
   Delaware law does not specifically require advance notice for cameras in common areas, but asking your landlord for clear information is a good idea.
4. Is audio recording allowed in Delaware rental buildings?
   No, unless all parties to a conversation consent. Delaware is a two-party consent state—audio recording without agreement is illegal.
5. Can I request to see surveillance footage of myself?
   Delaware law does not specifically give tenants this right, but you can ask your landlord, especially if you believe your privacy was violated.

Conclusion: Key Takeaways

• Landlords can use surveillance cameras in common areas, but not in places where privacy is expected.
• Delaware law protects renters’ privacy—audio recording is generally prohibited without consent.
• If you have concerns about surveillance, document and address them early, and know you can seek help from the Justice of the Peace Court.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court – Landlord-Tenant Division: Handles rental complaints and hearings
• Delaware Attorney General: Landlord-Tenant Consumer Protection
• Delaware Residential Landlord-Tenant Code (Title 25, Chapter 53)
• Delaware Healthy Homes (Dept. of Health & Social Services)

---

1. Delaware Residential Landlord-Tenant Code (Title 25, Chapter 53)
2. Justice of the Peace Court – Landlord-Tenant Division

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations