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

Oregon uses a split consent framework for landlord-tenant recordings under ORS 165.540. Phone calls between landlords and tenants require only one-party consent, while in-person conversations and video calls require that every participant be specifically informed before recording begins. ORS 90.322 does not list installing cameras among the reasons a landlord may enter a rental unit, so an in-unit camera needs the tenant's agreement.

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 radio 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, and VoIP calls, but not to video calls, which Oregon treats as conversations (see below)
• 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 generally cannot secretly record an in-person conversation with your landlord during a property inspection (see the home exception below for recordings made inside your own unit)
• 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

Recording in Your Own Home

ORS 165.540(3) says the notification rule does not apply to "subscribers or members of their family" who record in their own homes. In State v. Rainey (2018), the Oregon Court of Appeals applied that exception to a face-to-face argument outside the house that a household member recorded from an upstairs window, holding that what matters is where the recording happens, not where the conversation happens.

The statute does not define "subscriber," so whether a tenant or roommate qualifies is unsettled. A tenant who records a landlord inside the tenant's own unit may be covered, but that is unsettled, so announcing the recording is the safe course. The exception does not help a landlord who records inside a tenant's unit.

Video Conferencing Calls

If you communicate with your landlord or tenant through video conferencing platforms like Zoom or FaceTime, the call is treated as a "conversation" under ORS 165.540(1)(c), not a one-party-consent telecommunication. All participants must be specifically informed before the call is recorded, and secretly recording a private landlord-tenant video call risks a Class A misdemeanor. Oregon's video-conferencing exceptions are narrow: ORS 165.540(6)(a) covers listed proceedings and private meetings where everyone knew or reasonably should have known of the recording, and ORS 165.540(6)(b) lets a participant record a video call with the intent to capture alleged unlawful activity only when acting in coordination with law enforcement, an attorney, or a regulator, or when the person reasonably believes the recording may be used as evidence in a judicial or administrative proceeding. Whether a particular landlord-tenant dispute fits that last exception is fact-specific, so the safer practice is to inform everyone before recording a video call.

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 should not install cameras inside a tenant's rental unit without the tenant's agreement. ORS 90.322 lets a landlord enter only for listed purposes, such as inspections and repairs, and bars abusing the right of access to harass the tenant, so entering to install surveillance could support a claim for abuse of access or invasion of 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 ORS 165.540 (if audio is captured) and, if the camera records the tenant's intimate area (nudity, or undergarments covered by clothing) without consent, ORS 163.700 (invasion of personal privacy), or ORS 163.701 (a Class C felony) if it records the tenant nude in a private place

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. Every person whose conversation is captured must be specifically informed, and Oregon courts have required an unequivocal warning (State v. Bichsel, 101 Or App 257 (1990)). No Oregon appellate case has held that a posted sign by itself is enough. For landlords with audio-enabled cameras:

• Disabling the audio feature is the safest choice
• A posted sign is a useful supplement but may not, on its own, satisfy the notification requirement
• If audio stays on, make sure 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 generally applies if you capture audio; the ORS 165.540(3) home exception may apply, but whether it covers a tenant is unsettled
• 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, tell them you are recording; all-party notification is the general rule for the audio portion, and whether the home exception covers a tenant in their own unit is unsettled
• 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, notify the landlord before recording (the home exception may cover recording inside your own unit, but its reach to tenants is unsettled)
• 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 give at least 24 hours' actual notice (spoken or written) before entering a rental unit, and may enter only at reasonable times. Entry is permitted only for listed purposes such as inspections, repairs, agreed services, and showing the unit to prospective tenants or buyers. A tenant may deny consent to a particular entry but may not unreasonably withhold it, and a landlord may not abuse the right of access to harass the tenant.

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 generally follow the all-party notification rule for audio recording, although the ORS 165.540(3) home exception may apply to a subscriber or family member recording in their own home; whether it covers roommates is unsettled
• 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 generally inadmissible, except to prove the unlawful recording itself. This means:

• Phone call recordings (one-party consent): Admissible
• In-person recordings with proper notification: Admissible
• Secret in-person recordings that violate ORS 165.540: Generally inadmissible and potentially criminal

Penalties for Recording Violations in the Landlord-Tenant Context

Criminal Penalties

Violating ORS 165.540 is a Class A misdemeanor:

Civil Liability

Oregon's recording statute does not give the person recorded a statutory damages claim. The civil action in ORS 133.739, with its minimum of $100 a day or $1,000, applies only to violations of ORS 133.724 and 133.737, the court-ordered law enforcement interception provisions.

A person recorded in violation of ORS 165.540 would instead sue for common-law invasion of privacy, which ORS 133.739(3) preserves.

Privacy Violations

If a landlord places a camera that captures a tenant's intimate area (nudity, or undergarments covered by clothing) without consent, in a place where the tenant has a reasonable expectation of privacy:

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

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Frequently Asked Questions

Can I record phone calls with my landlord in Oregon?

Yes. Oregon follows one-party consent for phone calls under ORS 165.540(1)(a). You can record any phone call with your landlord, property manager, or maintenance staff as long as you are a participant. You do not need to tell the other person.

Can my landlord put cameras inside my apartment in Oregon?

Not without your agreement. ORS 90.322 lets a landlord enter only for listed purposes such as inspections and repairs, not to install surveillance, and bars abusing the right of access to harass you, so a hidden camera could support a claim for abuse of access or invasion of privacy. A camera that records audio would also run into ORS 165.540, and one that captures your nudity or intimate area is a crime under ORS 163.700 or 163.701. Landlords can install cameras in common areas like lobbies, hallways, and parking lots.

Can I secretly record my landlord during an inspection?

Generally not. ORS 165.540(1)(c) requires notifying everyone before recording an in-person conversation. ORS 165.540(3) exempts subscribers and their family members who record in their own homes, but the statute does not define who counts as a subscriber, so whether a tenant qualifies is unsettled; notify your landlord before recording. However, you can take silent photos and video of property conditions without any notification requirement, and you can record phone calls about the inspection under one-party consent.

Can I use recordings in eviction court in Oregon?

Recordings made in compliance with Oregon law are generally admissible. Phone call recordings under one-party consent are admissible. In-person recordings with proper all-party notification are admissible. Recordings made secretly in violation of ORS 165.540 are generally inadmissible under ORS 41.910.

Can my landlord record audio in the hallways of my apartment building?

Audio recording in hallways triggers the all-party notification requirement under ORS 165.540(1)(c). Every person whose conversation is captured must be specifically informed. A posted sign alone may not satisfy that requirement, because Oregon courts have required an unequivocal warning and no appellate case has approved a sign by itself, so the safest choice is to disable audio on hallway cameras.