Landlord installed a camera near basement door without informing us. Is this legal?

Hey everyone, I’m in a bit of a weird situation and could use some advice. I rent a house in Guelph, and we don’t have access to the basement (it’s locked with a digital code). Recently, I noticed a small blue light coming from an intake vent next to the basement door. Upon closer inspection, I saw it’s actually a camera pointing down the stairs. I clean these vents regularly due to my dog shedding, and I’ve never noticed this before. Is it legal for a landlord to install cameras inside a rented house without informing the tenants, even if it’s in an area we don’t have access to? The camera looks quite large and I’m worried it might be recording audio too. Any insights would be appreciated!

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This is a tricky situation. Legally speaking, if the basement is not part of your rental unit and is solely for the landlord’s use, they generally have the right to install security measures there. However, there are some important considerations:

  1. The landlord should have informed you about the installation of cameras on the property.
  2. If the camera is capable of capturing any part of your living space or recording conversations from your unit, that could be problematic.
  3. Audio recording without consent is generally not allowed and could be illegal.

I’d suggest the following steps:

  1. Communicate with your landlord about the camera, expressing your concerns.
  2. Ask for information about what the camera is recording and how the data is being stored.
  3. If you’re worried about audio recording, you can request that they disable that feature or move the camera to a location where it can’t possibly pick up sound from your unit.

If the landlord is uncooperative or you suspect illegal activity, you might want to consult with a tenant rights organization or consider filing a T2 application with the Landlord and Tenant Board.

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As a landlord myself, I can say that it’s perfectly reasonable to want to monitor areas of the property that aren’t part of the tenant’s living space. We recently had some flooding issues in one of our properties, and installing a camera in the basement saved us from a lot of potential damage. However, I always inform my tenants about any changes or installations, even if they’re in areas the tenants don’t access. Communication is key in maintaining a good landlord-tenant relationship.

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Thanks for the responses. @silly658, those are great suggestions. I’ll definitely try talking to the landlord first. @Joyful-Spicy, I understand the need for monitoring, especially given the recent rain we’ve had. I just wish they had told us about it. Do you think it’s odd that they placed it in a vent near our living space instead of somewhere in the basement itself?

The placement of the camera does seem a bit suspicious. If it’s truly just for monitoring potential flooding or other issues in the basement, there’s no reason it couldn’t be placed entirely within the basement area. The fact that it’s in a vent near your living space could potentially allow it to capture audio or video from your rental unit, which would be a privacy concern.

When you talk to your landlord, you might want to suggest moving the camera to a location that’s still effective for their purposes but doesn’t raise these privacy issues. If they resist or you’re not satisfied with their response, you may want to look into your local tenant rights organizations for further advice.

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have u tried covering the camera? maybe put a piece of tape over it and see what happens lol

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@Boring-Mellow I’m not sure that’s a good idea. I don’t want to damage anything or cause more issues with the landlord. I think I’ll try talking to them first as others have suggested.

It’s important to note that while the landlord may have the right to install security measures in areas they control, they still have obligations regarding privacy and proper notice. Here are a few key points to consider:

  1. The Residential Tenancies Act doesn’t specifically address cameras, but it does require landlords to not substantially interfere with tenants’ reasonable enjoyment of the rental unit.

  2. The Personal Information Protection and Electronic Documents Act (PIPEDA) may apply if the landlord is collecting personal information through video surveillance.

  3. If the camera is capable of recording audio, this could potentially violate federal laws against unauthorized interception of private communications.

I’d recommend documenting everything, including when you first noticed the camera and any conversations you have with the landlord about it. If you can’t resolve the issue through direct communication, you may need to file a T2 application with the Landlord and Tenant Board or seek legal advice.

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