Courts Allowing Video Surveillance in Landlord-Tenant Disputes
As the Wall Street Journal reported this month, video evidence has emerged as a powerful tool in housing court battles, especially in exposing tenants who have fraudulently claimed rent-controlled apartments as primary residences in order to pass those rights onto relatives in violation of the law. As a result, courts have recently upheld the rights of landlords to mount hidden security cameras in lobbies, hallways, and other shared spaces, in spite of tenants arguing that video surveillance is an intrusive form of harassment. Many property owners and businesses establish video surveillance in order to provide for security measures, prevent crime, and protect customers. Thus, it makes sense that landlords and property managers would have some of the same rights as business owners, even if video surveillance is established in order to monitor tenants. The Law in Florida regarding Surveillance Cameras Under the U.S. Constitution, a person has a reasonable expectation of privacy in certain areas, such as in bathrooms, locker rooms, their own apartments, etc., such that it is illegal to set up video surveillance in these areas. When it comes to private property, video surveillance requires consent of the property owner; however, property owners who rent to tenants cannot install surveillance cameras in areas where those tenants and their guests have a reasonable expectation of privacy, such as inside a home, apartment, its bedrooms, etc. The law draws a line between a reasonable expectation of privacy within private areas versus public spaces and common areas; thus, surveillance cameras and similar technology may be lawfully installed in common areas of both residential and commercial buildings, even if to monitor tenants. Oral Communications & Workspaces The law is similarly applied to employers, who can conduct surveillance of employees while they are on the job, with a few exceptions. Video surveillance is generally permitted except in areas that would violate an employee’s privacy, such as in restrooms, locker rooms, and similar areas. However, it is important to note that the same rules that apply to video surveillance do not apply to all oral communications. Unlike many other states, Florida is a two-party consent state; meaning that oral communications which take place in areas where there is a reasonable expectation of privacy are private and cannot be recorded, unless both parties consent otherwise. Thus, conversations conducted within a person’s home are off-limits (unless both parties consent to being recorded), but not necessarily those which take place at work (for example, there is no reasonable expectation of privacy in a conference call or in one’s emails). Attorneys Representing Property Owners in Tampa, Orlando, and Sarasota, Florida If you are a landlord or property owner in need of legal assistance, HD Law Partners can help. We have more than 40 years of combined experience in representing owners in property disputes, and are dedicated to serving our Florida clients. Contact us today and we can discuss your options. Resource: wsj.com/articles/video-evidence-emerges-as-weapon-in-landlord-tenant-fights-1484146858 Tags: Florida Homeowners Association Law, Florida Landlord-Tenant Disputes, Property Dispute Florida, Property Owner Rights Tampa Posted in Homeowners Association, Landlord Tenant | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us