Are Hidden Cameras Legal in New Hampshire Rental Homes?

Many renters are curious or concerned about their privacy, especially regarding landlord-installed cameras in New Hampshire rental properties. Knowing your rights is crucial for peace of mind and to ensure your home remains your private space. This article explains what New Hampshire law says about hidden cameras in rentals, what is and isn’t allowed, and how renters can take action if they suspect illegal surveillance.

Understanding Tenant Privacy Rights in New Hampshire

In New Hampshire, renters are protected under specific privacy laws that restrict when and how a landlord may enter or monitor rental units. Your right to privacy is primarily regulated by state law, with guidance from the New Hampshire Circuit Court – Landlord and Tenant Division and specific statutes in the New Hampshire Residential Landlord and Tenant Act.¹

Are Hidden Cameras Allowed in New Hampshire Rentals?

New Hampshire law makes it illegal to install or use hidden cameras in places where a renter has a reasonable expectation of privacy, such as inside bedrooms, bathrooms, or any living space within the rented unit. Secret surveillance is viewed as an invasion of privacy in these areas.

• Cameras may not be placed in private areas inside the rental unit.
• Landlords may utilize cameras in common areas (like hallways or building entrances) if renters are clearly informed through written notice or visible signage.
• Audio recording is not permitted without the consent of all parties. New Hampshire law requires "two-party consent" for audio recording, meaning every person being recorded must agree.²

These protections are based on RSA 570-A:2 – Interception and Disclosure of Telecommunication and Oral Communications and parts of tenant law in the state.

What Should a Renter Do if They Suspect Hidden Cameras?

If you believe your landlord has installed hidden cameras in your private living space, it’s essential to act promptly but calmly.

• Document everything: Take photos and notes of where you believe cameras are installed.
• Review your lease: Your landlord should not enter or install equipment in private areas without proper notice except in an emergency.
• Contact local law enforcement: Installing hidden cameras may be a criminal offense under New Hampshire law.
• Notify the landlord in writing: Politely request removal of any surveillance equipment and reference your right to privacy under state law.

Reporting a Landlord for Illegal Surveillance

If your concerns are not resolved, or you want to take further action, you can file a formal complaint using these resources:

• New Hampshire Circuit Court – Landlord and Tenant Division: Handles tenant-landlord disputes, including privacy violations like illegal surveillance. Access the division and filing instructions.

The main form used for such complaints is the Landlord/Tenant Writ (NHJB-2201-DP). This form starts the process for a court review of a dispute, and is used when a tenant wishes to bring a case regarding privacy concerns or unlawful entry.

• Form Name: Landlord/Tenant Writ (NHJB-2201-DP)
• When to use: If your landlord refuses to remove cameras or respect your privacy after you have notified them in writing, and you feel your rights are being continuously violated.
• How to file: Complete the Landlord/Tenant Writ form and file it with your local New Hampshire district court. Bring your documentation and correspondence as evidence.

Relevant New Hampshire Tenant Laws

These statutes protect renters against illegal surveillance and guarantee fundamental privacy rights:

• RSA 540-A:3 – Prohibited Acts by Landlords
• RSA 570-A:2 – Wiretapping and Eavesdropping
• NH Residential Landlord and Tenant Act

FAQs: Tenant Privacy & Cameras in New Hampshire

1. Can my landlord install cameras inside my apartment?
   No, it is illegal for landlords to install hidden cameras inside tenants’ private living areas in New Hampshire.
2. Are exterior or hallway cameras allowed?
   Yes, landlords can place cameras in building exteriors or common areas, as long as tenants are notified or cameras are obvious.
3. What should I do if I discover a hidden camera?
   Document the evidence, contact local police if you feel unsafe, and notify your landlord in writing.
4. Is audio recording legal in my rental?
   No, New Hampshire law requires all-party consent for audio recording inside private dwellings.
5. Which tribunal handles privacy disputes in rentals?
   The New Hampshire Circuit Court – Landlord and Tenant Division reviews these cases.

Conclusion: Key Takeaways

• Landlords cannot place hidden cameras in bedrooms, bathrooms, or living areas in New Hampshire.
• Visible cameras in shared/common areas are allowed only if you are notified.
• File a complaint with the court if you believe your privacy rights are violated and direct communication does not resolve the issue.

Always keep records of your communications and refer to New Hampshire’s official tenant laws for detailed guidance.

Need Help? Resources for Renters

• NH Circuit Court – Landlord and Tenant Division: File complaints or get information about your rights.
• New Hampshire Housing Finance Authority: Tenant resources and assistance.
• NH Department of Justice – Consumer Complaints: Report privacy or landlord-tenant issues.
• Read the New Hampshire Residential Landlord and Tenant Act

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1. New Hampshire Residential Landlord and Tenant Act: RSA 540-A
2. Wiretapping & Surveillance: RSA 570-A:2

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