Q: In Colorado, is it legal for a landlord to use hidden cameras to capture me, the tenant, without my knowledge?

This landlord is a business owner and shared the space with me. In my lease it states that I was not to smoke anything indoors. I am a cigarette smoker of about 15 years now. I do NOT smoke inside because it sticks in everything and absolutely will not. I do not throw my butts on the ground because it looks trashy. I consider myself a "respectful-smoker". Sje left a "Demand for compliance" on my stairs on evening in may that says I was smoking on her property. I was unclear about what/how/why the letter, but sent a letter of receipt back to her via certified mail. About 3 months later requests my presence downstairs with a polive man and handed me a packet of picures with me smoking cigarettes in the back yard. She said I had 3 days to vacate the premisis. There were no signs posted saying that area was under survellience. The photos I have are taken from outside of the property line on the street & garage.

1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Without seeing the area I cannot say for certain, but you likely have no reasonable expectation of privacy in a public or outside area. There is nothing improper or illegal in filming a public space. As for private property, the answer gets a little more complicated. Unless the filming is in a bathroom or potentially an area that is not generally viewable from a lawful private or public location, the area is likely open to filming. The US and Colorado have very weak privacy laws...

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