Oregon Landlord-Tenant Recording Laws: Surveillance, Privacy, and Consent

Recording interactions with landlords or tenants in Oregon requires understanding both the state's split consent framework under ORS 165.540 and the privacy protections in the Oregon Residential Landlord and Tenant Act (ORS Chapter 90). Whether you are a landlord installing security cameras or a tenant recording a maintenance complaint, Oregon's recording laws apply with full force.

This guide covers how Oregon's recording rules work in the landlord-tenant context in 2026, including surveillance cameras, recording disputes, documenting lease violations, and privacy protections.

Oregon's Split Consent Framework for Landlords and Tenants

Phone Calls With Your Landlord or Tenant

Under ORS 165.540(1)(a), Oregon follows one-party consent for telephone and electronic communications. This means:

• Tenants can record phone calls with landlords, property managers, and maintenance staff without telling them
• Landlords can record phone calls with tenants without notification
• This applies to cell phone calls, landline calls, VoIP calls, and video calls
• The recording is legal as long as the person recording is a participant in the call

Recording phone calls is one of the most straightforward ways for both landlords and tenants to document important conversations about lease terms, maintenance requests, rent disputes, and notices.

In-Person Conversations With Your Landlord or Tenant

For face-to-face conversations, ORS 165.540(1)(c) requires that all participants be specifically informed before recording. This means:

• You cannot secretly record an in-person conversation with your landlord during a property inspection
• You cannot secretly record a conversation with your tenant during a walk-through
• If you want to record a face-to-face discussion about lease violations, repairs, or rent, you must tell everyone present before you start recording

Video Conferencing Calls

If you communicate with your landlord or tenant through video conferencing platforms like Zoom or FaceTime, the ORS 165.540(6)(b) exception applies. Recordings made through the video conferencing platform are exempt from the in-person notification rule, and one-party consent applies instead.

Landlord Surveillance Camera Rules

Common Area Cameras

Oregon landlords can install video surveillance cameras in the common areas of rental properties. Permitted locations include:

• Building lobbies and entryways
• Hallways and stairwells
• Parking lots and garages
• Laundry rooms
• Exterior areas and building perimeters
• Mail rooms and package delivery areas

These cameras serve legitimate security purposes and do not require individual tenant consent when placed in shared spaces.

Cameras Inside Rental Units

Landlords cannot install cameras inside a tenant's rental unit without the tenant's explicit consent. The rental unit is the tenant's private space, and Oregon law provides strong protections for tenant privacy.

Under the Oregon Residential Landlord and Tenant Act:

• The landlord must provide proper notice before entering a rental unit (generally 24 hours under ORS 90.322)
• The landlord's right of entry does not include the right to install recording devices
• Placing a camera inside a tenant's unit without consent could violate both ORS 165.540 (if audio is captured) and ORS 163.700 (invasion of personal privacy)

Audio on Surveillance Cameras

If a landlord's security cameras capture audio of in-person conversations, the all-party notification requirement under ORS 165.540(1)(c) applies. Landlords who use audio-enabled cameras must:

• Post prominent signage indicating that audio recording is in use
• Consider disabling the audio feature to avoid compliance complications
• Ensure tenants and visitors are specifically informed about audio capture

Tenant Recording Rights

Recording Inside Your Rental Unit

Tenants have broad rights to record inside their own rental units:

• You can install security cameras inside your apartment or house
• You can record phone calls with one-party consent
• For in-person conversations with guests, roommates, or visitors, the all-party notification rule applies if you capture audio
• You may need landlord permission to mount cameras that require drilling or modifications (check your lease)

Recording Maintenance Issues

Documenting property conditions is one of the most common reasons tenants record. Oregon law supports this:

• Photos and video (silent): You can photograph and video record maintenance issues, property damage, mold, pest infestations, and safety hazards without any consent requirements
• Video with audio: If you narrate while filming (talking to yourself), no notification is needed because there is no other participant in the conversation. If a landlord or maintenance worker is present and speaking, all-party notification is required for the audio portion
• Phone calls about maintenance: You can record calls with landlords, property managers, and maintenance services under one-party consent

Recording Lease Violations by Landlords

If your landlord violates the lease or Oregon tenant protection laws, recordings can serve as evidence:

• Record phone calls about unauthorized entry, rent disputes, or retaliation without telling the landlord
• For in-person confrontations, you must notify the landlord before recording
• Document conditions with silent video and photos to avoid the audio notification issue
• Written communication (email, text) is often the most practical way to create a paper trail

Privacy in Rental Housing

Tenant Privacy Rights Under ORS Chapter 90

The Oregon Residential Landlord and Tenant Act provides several privacy protections:

Entry notice requirements. Under ORS 90.322, landlords must generally provide at least 24 hours' written notice before entering a rental unit. Entry is permitted only for specific purposes including inspections, repairs, and showing the unit to prospective tenants.

Prohibited harassment. Landlords cannot use surveillance or recording as a tool to harass or intimidate tenants. Using cameras to monitor tenant comings and goings in a way designed to intimidate could support a harassment claim.

Quiet enjoyment. Tenants have the right to quiet enjoyment of their rental unit. Excessive surveillance that interferes with a tenant's ability to use and enjoy their home may violate this right.

Shared Housing Situations

In shared housing (roommates, house shares), recording rules become more complex:

• Each roommate has privacy rights within their own bedroom
• Common areas in shared housing follow the same rules as any other in-person setting: all-party notification for audio recording
• One roommate cannot install hidden cameras in another roommate's private bedroom
• Security cameras in shared common areas should be agreed upon by all occupants

Recording During Eviction Proceedings

Documenting the Eviction Process

If you are facing eviction or pursuing an eviction, recordings can be valuable evidence:

Tenants being evicted:

• Record all phone calls with landlords and their attorneys under one-party consent
• Document property conditions with silent photos and video
• If your landlord attempts an illegal lockout, recording the event (even with audio if you announce you are recording) creates evidence
• Save all written communications

Landlords pursuing eviction:

• Record phone calls with tenants about lease violations under one-party consent
• Document property damage and lease violations with photos and silent video
• If conducting an in-person conversation with the tenant about violations, notify them before recording

Recordings as Evidence in Eviction Court

Recordings made in compliance with Oregon law are generally admissible in Oregon courts, including eviction proceedings. Under ORS 41.910, recordings obtained in violation of ORS 165.540 are inadmissible. This means:

• Phone call recordings (one-party consent): Admissible
• In-person recordings with proper notification: Admissible
• Secret in-person recordings: Inadmissible and potentially criminal

Penalties for Recording Violations in the Landlord-Tenant Context

Criminal Penalties

Violating ORS 165.540 is a Class A misdemeanor:

Penalty	Maximum
Jail time	Up to 364 days
Fine	Up to $6,250

Civil Liability

Under ORS 133.739:

• Actual damages (minimum $100/day or $1,000)
• Punitive damages
• Attorney fees

Privacy Violations

If a landlord places cameras in private areas:

Offense	Classification	Maximum Penalty
ORS 163.700 (Second Degree)	Class A misdemeanor	364 days jail, $6,250 fine
ORS 163.701 (First Degree)	Class C felony	5 years prison, $125,000 fine

Oregon Recording Laws by Topic

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

Back to Oregon Recording Laws