Are Hidden Cameras in Massachusetts Rentals Legal?

Renters in Massachusetts are protected by strong privacy laws, especially when it comes to surveillance in their homes. With concerns growing about hidden cameras in rental properties, it’s important to understand your rights as a tenant and what your landlord is—and isn’t—allowed to do under state law.

Massachusetts Tenant Privacy Laws: The Basics

Massachusetts law considers your rental unit your private space. Once you move in, your right to privacy is protected under state tenant-landlord laws and specific surveillance legislation. A landlord cannot intrude on your privacy without proper cause or notice.

Can a Landlord Legally Install Hidden Cameras?

In almost all cases, hidden cameras are not legal in areas of a rental unit where tenants have a reasonable expectation of privacy, such as bedrooms, bathrooms, or living rooms. Under Massachusetts’ Wiretapping and Electronic Surveillance Law (M.G.L. c. 272, § 99), it is illegal to record audio—and, in most cases, video—without the consent of the person being recorded¹.

• Landlords may be permitted to use visible cameras in common areas (like laundry rooms or shared entryways) for security, but only with clear notice to tenants.
• Covert or hidden cameras inside your unit are strictly prohibited.

What Should Renters Do If They Find a Hidden Camera?

If you suspect illegal surveillance in your Massachusetts rental:

• Document your findings: Photograph or record the device (do not tamper with it).
• Check your lease agreement for any clauses about monitoring or surveillance.
• Notify your landlord in writing (email or letter) about your discovery, and ask for an explanation.
• If no resolution is reached, or if the device is confirmed to be illegal, you may file a complaint with the appropriate state authority.

How to File a Privacy Complaint in Massachusetts

If your privacy rights are violated, you can submit a complaint to the Massachusetts Office of Consumer Affairs and Business Regulation or the Massachusetts Attorney General’s Office (the main body overseeing tenant rights disputes).

Relevant Form: Consumer Complaint Form

• When to use: If you discover hidden surveillance in your rental and the landlord does not address it.
• How to use: Provide details of the situation, including photos and any correspondence with your landlord, then submit through the official online portal or by mail.

You may also wish to contact local law enforcement if you have evidence of illegal recording, particularly if there is audio involved, as this is a criminal offense in Massachusetts.

Can a Landlord Enter and Record Your Unit?

Massachusetts landlords must provide reasonable notice before entering your unit, except in emergencies. Using cameras to monitor tenants' activities within their private rental without their knowledge is not permitted and may carry civil and criminal penalties. For more on entry rights, visit the Massachusetts government’s official tenants’ rights guide.

Which Official Board Handles Rental Privacy Complaints?

While there is no dedicated tenant tribunal in Massachusetts, the Massachusetts Attorney General’s Office investigates and handles rental privacy and consumer protection complaints.

Summary: Know Your Rental Privacy Rights

Massachusetts law strongly favors tenant privacy. Hidden cameras or recording devices inside your home are almost always illegal. If you discover one, document it, talk to your landlord, and consider filing a complaint with the state for further investigation.

FAQs for Massachusetts Renters

1. Can a landlord install cameras in my Massachusetts apartment without telling me?
   No, landlords cannot legally install cameras inside your unit without your knowledge and consent. They may only use visible cameras in shared common areas with notice.
2. What should I do if I find a hidden camera in my rental?
   Document the device, check your lease for relevant clauses, notify your landlord, and file a complaint with the Massachusetts Attorney General’s Office if necessary.
3. Are visible security cameras allowed in apartment complexes?
   Yes, visible cameras are typically allowed in common areas with tenant notification, but not inside your private living space.
4. Does Massachusetts law protect my privacy as a tenant?
   Yes, Massachusetts law gives renters strong privacy rights and makes it illegal for landlords to secretly record tenants.
5. Can I remove a suspicious device I find in my apartment?
   You may photograph or record it for evidence, but avoid tampering with or removing it until authorities or your landlord are notified.

Conclusion: Key Takeaways for Renters

• Hidden cameras are not permitted inside Massachusetts rental units without your consent.
• Always document suspicious devices and communicate with your landlord first.
• File a complaint with the state and seek help if your privacy is violated.

Need Help? Resources for Renters

• Massachusetts Attorney General’s Office – File a Rental Complaint
• Massachusetts Consumer Complaint Portal
• MassLegalHelp Housing Resources
• Official Tenants’ Rights & Responsibilities Guide

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1. Massachusetts General Laws, Chapter 272, Section 99—Wiretapping and Surveillance
2. Massachusetts Tenants’ Rights & Responsibilities Guide
3. Massachusetts Attorney General’s Office: Housing and Landlord-Tenant Complaints

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