Are Hidden Cameras Legal in South Carolina Rentals?
Renters across South Carolina deserve to feel safe and secure in their own homes. But what happens if you suspect your landlord has installed hidden cameras in your rental? Understanding your privacy rights under South Carolina law is critical in these situations. On this page, we break down what the law says about cameras in residential rentals, when they are (and aren’t) allowed, and how you can protect your right to privacy.
South Carolina Law: Tenants’ Privacy Rights Explained
In South Carolina, your right to privacy in your rental is protected by both state and federal law. Landlords have specific rules they must follow regarding entry and surveillance on a property. Landlords generally must give you at least 24 hours’ notice before entering the property for non-emergencies, as outlined in South Carolina Residential Landlord and Tenant Act, Section 27-40-530.[1]
Hidden Cameras and the Law
South Carolina does not have a specific law within the Residential Landlord and Tenant Act that directly addresses hidden cameras inside rental units. However, South Carolina’s SC Code § 17-30-20 (South Carolina Law on Eavesdropping and Peeping) makes it illegal to install or use any device to observe, photograph, or record another person in a private place without their consent.[2]
- Private places include areas such as bedrooms, bathrooms, and any space where a person has a reasonable expectation of privacy.
- Common areas (hallways, entrances) may be subject to video surveillance, but audio recording is more strictly regulated.
- Consent is generally required to install cameras in private areas within a rental unit.
It’s important to note, video cameras set in public or common areas without audio typically do not violate state laws, but they do in private spaces.
Can Your Landlord Use Cameras Inside Your Rental?
- Landlords cannot place cameras or recording devices inside your private living areas (bedrooms, bathrooms, living rooms) without your explicit consent.
- Cameras in shared/common spaces like hallways or outside the rental unit may be permitted, as long as they do not capture activities inside your home.
- It is illegal to record audio in almost any situation without the consent of at least one party in South Carolina.
If you find a hidden camera in your private space and did not consent, you may have grounds for a civil complaint or criminal action against the landlord.
What to Do If You Suspect a Hidden Camera
If you discover or suspect hidden surveillance in your rental, take the following steps:
- Document the location and appearance of the suspected device (photos, notes).
- Avoid tampering with or removing the device, as it could be evidence.
- Communicate your concerns in writing to your landlord, requesting an explanation or removal.
- Contact local law enforcement if you believe your privacy is being violated.
- Consider filing a complaint with the South Carolina Department of Consumer Affairs.
Key Forms Renters May Need
-
Complaint Form – South Carolina Department of Consumer Affairs:
Use this form to file a formal complaint about your landlord’s conduct (including privacy violations or illegal surveillance). For step-by-step help, see the how-to section below.
Download the South Carolina Landlord/Tenant Complaint Form (PDF)
Which Tribunal Handles Rental Disputes?
In South Carolina, disputes about rental property privacy or landlord conduct are typically handled in Magistrate Court (also called Small Claims Court). For landlord/tenant disputes, including privacy or illegal surveillance, you may need to bring an action here.[3]
FAQ: Hidden Cameras and Privacy in SC Rentals
- Are landlords allowed to put cameras inside my rental unit in South Carolina?
Landlords are not allowed to place cameras inside private living areas such as bedrooms, bathrooms, or living rooms without your clear consent. - What should I do if I find a hidden camera in my apartment?
Document the device, notify your landlord in writing, and report the situation to local authorities and the South Carolina Department of Consumer Affairs. - Is it legal for landlords to record audio in my rental?
No, recording audio without at least one party’s consent is illegal in South Carolina—even in common areas. - Can landlords have cameras in shared hallways or outside the building?
Cameras in hallways, entrances, or outdoors are generally permitted, as long as they do not film inside private apartments. - Which court handles privacy violation claims by renters?
South Carolina Magistrate Court handles these types of landlord/tenant disputes.
Key Takeaways for Renters
- Your landlord must respect your privacy in your home—hidden cameras are generally illegal in private areas.
- Always document and report suspected surveillance promptly.
- The South Carolina Magistrate Court can hear privacy complaints if your landlord refuses to address the issue.
Knowing your rights helps ensure your home remains a safe, private place to live.
Need Help? Resources for Renters
- South Carolina Department of Consumer Affairs: Landlord and Tenant Rights – Advice and complaint forms.
- South Carolina Residential Landlord and Tenant Act – Full legislation and rights summary.
- South Carolina Legal Services – Free and low-cost legal help for eligible renters.
- Find your local Magistrate Court
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