Moreno Valley, CA asked in Landlord - Tenant and Consumer Law for California

Q: Is it legal to install a security camera in a shared garage despite policy prohibitions?

I rent an apartment with a shared garage, and I'm considering installing a security camera in the garage. However, there's a policy in place that prohibits surveillance devices. There are currently no other security measures in the garage. Is it legal for me to set up a camera without the consent of the other person sharing the garage, given these circumstances?

3 Lawyer Answers

A: Hard to say but, start by asking that other person???

Next OR First READ the agreements in place, like maybe

the one that says "There's a policy in place that prohibits surveillance devices." Good luck with it

William John Light agrees with this answer

A: A policy is not a law, so violation of a policy is not illegal. However, it is illegal to record another person who has a reasonable expectation of privacy, like in their home. Whether that applies to a common garage is unknown, but since there is a policy that prohibits surveillance devices, perhaps there is a reasonable expectation of privacy.

Consent, if you obtain it, would be a defense, but you would still be in violation of the landlord's policy and might, perhaps, be evicted or ordered to remove it.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If your rental agreement or building policy explicitly prohibits surveillance devices, installing a security camera in your shared garage without consent could put you at risk legally. Even though you might feel justified because there are no other security measures in place, policies established by landlords or homeowners' associations generally hold weight under California law.

Additionally, California law has strict privacy protections, especially when it comes to surveillance in shared or common spaces. Since the garage is shared with another tenant, installing a camera without their consent could infringe upon their reasonable expectation of privacy. This action might expose you to claims related to invasion of privacy or even potential harassment complaints.

Your best course of action would be to discuss the security concerns with your landlord or property manager. Request permission or propose a compromise that addresses safety concerns while respecting privacy rules and policies. Open dialogue can help you avoid legal issues and possibly lead to a mutually beneficial solution.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.