Michigan Landlord-Tenant Recording Laws: Surveillance, Privacy, and Tenant Rights (2026)

The relationship between landlords and tenants in Michigan creates unique recording law challenges. A landlord owns the building but does not have the right to surveil tenants in their private living spaces. A tenant occupies a private space but does not control the common areas of the building. Michigan's surveillance laws draw clear lines between what each party can and cannot do.

This guide covers landlord camera placement rules, tenant recording rights, audio surveillance restrictions, lease provisions, and the legal remedies available when boundaries are crossed.

Landlord Security Camera Rules

Where Landlords Can Place Cameras

Michigan landlords can install video security cameras in areas of the rental property that are accessible to multiple tenants, visitors, and the general public. Legal locations include:

• Building entrances and exits
• Lobbies and vestibules
• Hallways and stairwells
• Parking lots and garages
• Laundry rooms
• Mail rooms and package areas
• Exterior of the building (front, back, sides)
• Dumpster and recycling areas
• Common outdoor spaces

These areas do not qualify as "private places" under MCL 750.539a because they are accessible to a substantial group of people. Surveillance in these locations serves a legitimate security purpose and does not invade any individual tenant's private space.

Where Landlords Cannot Place Cameras

MCL 750.539d prohibits placing surveillance devices in any "private place" without the consent of the person entitled to privacy there. In the landlord-tenant context, prohibited locations include:

• Inside any tenant's apartment or rental unit. Once a unit is rented, the tenant is the person entitled to privacy, and the landlord cannot install cameras without their consent.
• Bathrooms and restrooms in common areas (these are private places even within shared spaces).
• Tenant storage areas that are assigned to individual tenants with locks.
• Inside garages or sheds assigned exclusively to a specific tenant.

A landlord who places a hidden camera inside a tenant's unit commits a felony punishable by up to 2 years in prison and a $2,000 fine for a first offense, or up to 5 years and $5,000 for a repeat offense.

The Residential Security Exception Does Not Help Landlords

MCL 750.539d's residential security exception allows security monitoring by "the owner or principal occupant." While the landlord owns the building, the tenant is the principal occupant of their individual unit. The landlord's ownership interest does not override the tenant's privacy rights inside the rented space.

This distinction is critical. A landlord who lives in one unit of a multi-unit building can have security cameras in their own unit and in common areas, but not in other tenants' units.

Tenant Recording Rights

Cameras Inside the Rental Unit

As the principal occupant, a tenant can install security cameras inside their own rental unit under the residential security exception. This covers:

• Doorbell cameras on the unit's entrance
• Interior cameras for security monitoring
• Nanny cams and pet cameras
• Smart home devices with camera features

The tenant does not need the landlord's permission to use cameras inside their own unit for security purposes. However, lease agreements may contain restrictions on modifications to the property (such as drilling holes for camera mounts), and tenants should review their lease before installing permanently mounted equipment.

Recording Conversations With Landlords

Under the Sullivan v. Gray participant exception, affirmed by Fisher v. Perron, 30 F.4th 289 (6th Cir. 2022), tenants can record their own conversations with landlords, property managers, maintenance workers, and anyone else. This includes:

• In-person conversations during property inspections
• Phone calls with the landlord or management office
• Meetings about lease terms, rent increases, or repair requests
• Conversations during the move-in and move-out process
• Interactions with maintenance personnel entering the unit

Tenants do not need to disclose that they are recording. The participant exception allows recording without the other party's consent.

Recording Evidence of Landlord Violations

Tenants who record evidence of habitability violations, illegal entry, harassment, or discriminatory behavior by their landlord create valuable evidence for potential legal proceedings. Common scenarios include:

• Illegal entry: Recording a landlord entering without proper notice (Michigan requires reasonable notice before entry)
• Harassment: Documenting repeated unwanted visits, threats, or intimidating behavior
• Habitability issues: Video recording of unrepaired damage, mold, pest infestations, or dangerous conditions
• Discriminatory statements: Audio recording discriminatory statements by a landlord or property manager

Audio Recording by Surveillance Cameras

The Eavesdropping Problem for Landlords

Security cameras in common areas that record audio create significant legal risk for landlords. The eavesdropping statute (MCL 750.539c) prohibits recording "the private discourse of others" without consent. A landlord is not a participant in the conversations captured by a stationary camera in a hallway or lobby.

If tenants have conversations in common areas that they reasonably believe are private (such as a quiet conversation between two tenants in an otherwise empty hallway), an audio-recording camera could capture "private discourse" in violation of the statute.

Best Practices for Landlord Camera Audio

• Disable audio recording on common area cameras. This eliminates eavesdropping statute risk entirely.
• Post clear signage indicating that audio and video surveillance is in operation if audio is enabled.
• Include surveillance disclosure in leases. A lease provision stating that common areas are monitored by cameras with audio may constitute consent.
• Limit audio range to the immediate area of the camera, not entire hallways or outdoor spaces.

Lease Provisions About Recording and Surveillance

What Landlords Can Include in Leases

Michigan leases can include provisions regarding:

• Disclosure that common areas are monitored by security cameras
• Rules about tenant modifications to the property (relevant for camera installation)
• Noise monitoring disclosures
• Requirements for tenant-installed cameras (positioning, no interference with other tenants)

What Landlords Cannot Include in Leases

Michigan's Truth in Renting Act (MCL 554.633) prohibits lease provisions that waive tenants' rights under law. A landlord cannot include a lease provision that:

• Waives the tenant's right to privacy inside their unit
• Authorizes the landlord to install cameras inside the tenant's unit
• Requires the tenant to consent to hidden recording
• Waives the tenant's right to pursue legal remedies for privacy violations

Any lease provision that attempts to waive rights protected by Michigan's eavesdropping and surveillance statutes is likely unenforceable.

Landlord Entry and Recording

Notice Requirements

Michigan does not have a specific statute that defines the exact notice period for landlord entry. However, Michigan courts have held that landlords must provide "reasonable notice" before entering a tenant's unit, except in genuine emergencies. Most Michigan attorneys recommend at least 24 hours' written notice.

When a landlord enters a tenant's unit:

• The tenant can record the entry using cameras already installed in the unit
• The tenant can record conversations with the landlord during the visit under the participant exception
• The landlord cannot bring recording equipment into the unit without the tenant's consent
• The landlord cannot access or view the tenant's security camera footage

Emergency Entry

Landlords can enter without notice in genuine emergencies (fire, flooding, gas leak, medical emergency). A tenant's cameras may record the emergency entry, and that recording is legal under the residential security exception. However, a landlord cannot use "emergency entry" as a pretext to install surveillance equipment.

Remedies for Privacy Violations

Criminal Prosecution

A tenant who discovers a hidden camera installed by the landlord should contact local law enforcement. Illegal surveillance under MCL 750.539d is a felony. If the camera captured images of nudity or undress, additional charges under MCL 750.539j (voyeurism) may apply.

Civil Lawsuits

Under MCL 750.539h, tenants can file civil lawsuits against landlords who violate Michigan's surveillance laws. Available remedies include:

• Injunctive relief (court order to remove cameras and stop surveillance)
• Actual damages for emotional distress, relocation costs, and other harm
• Punitive damages to punish the landlord and deter future violations

Tenants may also have claims under:

• Common law invasion of privacy
• Michigan's landlord-tenant statutes for breach of the implied warranty of habitability and quiet enjoyment
• Federal housing discrimination laws if surveillance is targeted at tenants based on protected characteristics

Lease Termination

A landlord who installs hidden surveillance in a tenant's unit has fundamentally breached the landlord-tenant relationship. The tenant may have grounds to terminate the lease without penalty, move out, and recover damages including moving costs and rent differential.

Related Michigan Recording Laws

Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording

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