New Hampshire Laws on Security Cameras in Common Areas

As a renter in New Hampshire, safeguarding your privacy is important—especially when it comes to surveillance cameras in places like building entrances, hallways, laundry rooms, or shared recreation spaces. This guide explains what state law says about cameras in common areas, what landlords are allowed to do, and how you can protect your rights.

Are Surveillance Cameras Allowed in Common Areas?

New Hampshire law does not prohibit landlords from installing security cameras in common areas of rental buildings, as long as those cameras are not used in locations that would be considered private, such as inside individual units or bathrooms.

Common areas typically include:

• Building entrances and lobbies
• Hallways and stairwells
• Laundry or mail rooms
• Parking lots or garages

State law does not specifically address cameras in these areas, but general privacy protections still apply. For example, New Hampshire is a “two-party consent” state under RSA 570-A:2, which means audio cannot be recorded without the consent of all parties being recorded.^[1]

Where Cameras Are Not Permitted

Landlords may not place cameras in any area where tenants have a reasonable expectation of privacy. This includes:

• Inside rental units
• Bathrooms or locker rooms
• Private changing areas

Filming or recording in these areas may violate state privacy and eavesdropping laws.

Your Rights as a Renter

While landlords may monitor common areas to promote safety, you still have privacy rights. If you believe a camera placement is invasive or records audio without consent, you can address this with your landlord or file a complaint.

Required Disclosures and Notice

Although New Hampshire law does not require notification before installing cameras in common areas, many rental agreements or local ordinances may require landlords to notify tenants. It's a good practice for landlords to disclose when cameras are present.

Tip: If cameras appear without warning or seem aimed at your unit door, politely ask your landlord for details and check your lease for any privacy clauses.

How to Take Action If You Have a Concern

If you think your privacy is being violated by surveillance or recording in common areas, here’s what you can do:

• Review your lease: Look for any clauses about surveillance or tenant privacy.
• Contact your landlord: Discuss your concerns and request clarification or adjustments.
• File a formal complaint: If the issue involves illegal audio recording, bathrooms, or inside your apartment, you can contact the New Hampshire Department of Justice Consumer Protection Bureau.

The primary state authority for residential tenancies is the New Hampshire Circuit Court, District Division, which handles landlord-tenant disputes.^[2]

Relevant Official Forms

• Landlord and Tenant Writ (NHJB-2346-DP): Used to initiate legal action for housing issues, such as an unauthorized or privacy-invading surveillance situation. For example, if a landlord refuses to remove a camera from a private area after your request, you could use the Landlord and Tenant Writ (NHJB-2346-DP) to start a formal tenancy complaint with the District Division court.

How to use: Download the form, fill out your information and complaint, and file it with your local District Division courthouse.

Relevant Tenancy Legislation

Surveillance and privacy protections are found in the following state laws:

• New Hampshire RSA 540: Landlord and Tenant
• New Hampshire RSA 570-A:2: Wiretapping and Eavesdropping

While RSA 540 deals with eviction and housing rights, RSA 570-A:2 is directly relevant for audio recording and privacy in rental properties.

Frequently Asked Questions (FAQ)

1. Can my landlord put cameras in the hallway or lobby?
   Yes, New Hampshire law allows cameras in common areas like hallways or lobbies, as long as they are not used for audio recording without consent and do not invade tenant privacy.
2. Is audio recording allowed in common areas?
   No, New Hampshire is a two-party consent state, which means audio may not be recorded unless everyone being recorded has given permission. Video recording alone is generally permitted in common areas if it is not invasive.
3. What do I do if I notice a camera facing the inside of my apartment?
   Document its position, talk to your landlord, and if you believe your privacy is violated, consider filing a complaint with the New Hampshire Department of Justice or the Circuit Court, District Division.
4. Do landlords need to tell tenants about cameras?
   State law does not require landlords to notify tenants before installing cameras in common areas, but it is recommended and some local ordinances or leases may require notice.
5. Where can I file a complaint about illegal surveillance?
   You can contact the New Hampshire Department of Justice Consumer Protection Bureau or file a formal landlord-tenant complaint in District Division court.

Key Takeaways

• New Hampshire allows video-only cameras in common areas but bans cameras in private spaces and audio recording without consent.
• If you feel your privacy rights are violated, you can reach out to your landlord, a tenant support organization, or the appropriate state agency.
• Always check your lease and official New Hampshire tenancy laws for additional protections or requirements.

Need Help? Resources for Renters

• New Hampshire Department of Justice Consumer Protection Bureau – For reporting privacy invasions or unfair practices
• New Hampshire Circuit Court, District Division – Handles landlord-tenant disputes and court cases
• New Hampshire Housing Finance Authority: Rental Help – Assistance and guidance for tenants
• RSA 540: Landlord and Tenant – Overview of state landlord-tenant laws
• RSA 570-A:2: Wiretapping and Eavesdropping – Legal details on surveillance and recording

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1. New Hampshire RSA 570-A:2 – View wiretapping and eavesdropping law
2. New Hampshire Circuit Court, District Division – Landlord-tenant court overview

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