Can my landlord use surveillance video directed at my house?

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Can my landlord use surveillance video directed at my house?

Just days after I was sunbathing my landlord set up video surveillance pointing directly where I was and where my child plays in her sandbox. I asked him why and he said it was because our place was broken into. That was 2 months ago, he didn’t care and I told him to solve it with putting a deadbolt on our door. my whole family is afraid to go outside now. We have privacy fence so no one can see us from the street or access from there. Is what he doing legal?

Asked on May 23, 2012 under Real Estate Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although the landlord may have legitimate concerns about security, as you pointed out the problem could be solved with a deadbolt lock and not the intrusive video surveillance.

In every lease there is a covenant of quiet enjoyment which means that the tenant cannot be disturbed in the use and enjoyment of the premises.  Since you and your family are now afraid to go outside because of the video surveillance, you could argue in a lawsuit against the landlord that the video surveillance constitutes a breach of the covenant of quiet enjoyment.


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