Washington Landlord-Tenant Recording and Surveillance Laws (2026)

The relationship between landlords and tenants in Washington involves important privacy protections that govern when and how recording and surveillance can occur. Landlords have legitimate interests in protecting their property, while tenants have strong privacy rights within their rented homes. Washington law strikes a balance through the Privacy Act (RCW 9.73.030), voyeurism statutes, and the Residential Landlord-Tenant Act.

This guide explains the recording and surveillance rules that apply to both landlords and tenants in Washington.

Landlord Surveillance: What Is Legal

Common Area Surveillance

Landlords of multi-unit residential buildings may install security cameras in common areas that are shared by all tenants and accessible to the public. These areas include:

• Building lobbies and entryways
• Hallways and stairwells
• Parking lots and garages
• Laundry rooms (with notice)
• Mail areas and package rooms
• Exterior grounds and walkways

For common area surveillance to be lawful:

• Silent video cameras are generally permissible with appropriate notice
• Audio recording in common areas triggers the all-party consent requirement under RCW 9.73.030. Landlords should disable audio on common area cameras or provide conspicuous signage
• Visible cameras are preferred over hidden cameras. Tenants should be able to see that surveillance is in use
• Written notice about camera locations should be provided in the lease or a separate disclosure

Exterior Camera Placement

Landlords may install cameras on the exterior of rental properties, including:

• Building entrances and exits
• Parking areas
• Driveways and pathways
• Fenced perimeters

Cameras should not be aimed at tenant windows, patios, or other areas where tenants have a reasonable expectation of privacy. A camera pointed at a building entrance is acceptable. A camera aimed into a tenant's bedroom window is not.

Landlord Surveillance: What Is Illegal

Hidden Cameras in Living Spaces

Installing hidden cameras inside a tenant's rental unit is illegal under multiple Washington statutes:

Voyeurism (RCW 9A.44.115): If the camera is placed for the purpose of sexual gratification, the landlord commits voyeurism in the first degree, a Class C felony punishable by up to five years in prison and sex offender registration.

Privacy Act (RCW 9.73.030): If the camera records audio of private conversations within the tenant's home, the landlord violates the Privacy Act. This is a gross misdemeanor carrying up to 364 days in jail and a $5,000 fine.

Invasion of privacy: Even silent hidden cameras in a tenant's living space constitute an invasion of privacy under common law tort principles.

Cameras in Private Tenant Areas

The following areas are off-limits for landlord surveillance:

• Inside rental units (apartments, houses, rooms)
• Private bathrooms within tenant spaces
• Bedrooms and sleeping areas
• Enclosed balconies or patios that are part of the tenant's exclusive space
• Storage units assigned exclusively to a specific tenant (unless the tenant is informed)

Audio Recording of Tenant Conversations

Landlords cannot record the audio of tenant conversations anywhere on the property without all-party consent. This includes:

• Conversations in hallways near apartment doors
• Discussions on shared patios or balconies
• Phone calls made in common areas
• Conversations captured by smart doorbell cameras at unit entrances

The Building Owner Exception and Its Limits

What RCW 9.73.110 Allows

Under RCW 9.73.110, building owners may intercept, record, or disclose communications within their building without consent, but only when the persons being recorded are engaged in a criminal act at the time.

How This Applies to Rental Properties

This exception is extremely narrow in the landlord-tenant context:

• A landlord may record an intruder committing a burglary
• A landlord may record someone unlawfully entering the building
• A landlord may record criminal damage to the property in progress

The exception does not allow:

• General surveillance of tenant activities
• Recording tenant conversations for any reason
• Monitoring tenant comings and goings as a form of control or harassment
• Using cameras to enforce lease provisions (noise violations, guest policies, etc.)

Tenant Recording Rights

Can Tenants Install Cameras in Their Rental?

Tenants generally have the right to install their own security cameras within their rented living space, subject to the following considerations:

Inside the unit: Tenants may place cameras inside their rental unit for security purposes. If cameras record audio of conversations with visitors or other household members, the all-party consent requirement under RCW 9.73.030 applies.

Doorbell cameras: Tenants may install smart doorbell cameras on or near their unit entrance. The lease should be checked for provisions about modifications to the property. Audio recording from doorbell cameras triggers the consent requirement.

Exterior cameras on the unit: Cameras aimed at the tenant's assigned parking space or private patio are generally acceptable. Cameras should not record areas beyond the tenant's exclusive use, such as neighboring units or common areas, without the landlord's permission.

Can Tenants Record Conversations with Their Landlord?

Tenants in Washington cannot secretly record conversations with their landlord. The all-party consent requirement under RCW 9.73.030 applies to landlord-tenant conversations, whether in person or on the phone. Tenants must announce the recording and obtain consent.

If a landlord makes threats of bodily harm, extortion, or blackmail, the threat exception under RCW 9.73.030(2)(b) allows one-party consent recording of the threatening content.

Documenting Landlord Violations Without Recording

Tenants who need to document landlord misconduct without secret recording can:

• Take photographs and video of property conditions (no audio consent needed for silent photos/video of the property)
• Keep written records of conversations with dates, times, and content
• Send follow-up emails or texts summarizing verbal conversations
• Bring a witness to interactions with the landlord
• File complaints with local housing authorities or the Washington Attorney General's Office

Landlord Entry and Notice Requirements

The Residential Landlord-Tenant Act

Washington's Residential Landlord-Tenant Act (RCW 59.18) governs when and how landlords may enter a tenant's rental unit. These entry rules interact with surveillance and recording laws.

Required Notice

Under RCW 59.18.150, landlords must provide at least two days' written notice before entering a tenant's unit, except in emergencies. The notice must specify the date, approximate time, and purpose of entry.

Lawful Reasons for Entry

Landlords may enter a rental unit for:

• Repairs and maintenance requested by the tenant
• Inspections agreed upon in the lease
• Showing the unit to prospective tenants or buyers (with proper notice)
• Emergencies (fire, flood, gas leak) requiring immediate access

Recording During Entry

When a landlord enters a tenant's unit, the tenant's own security cameras may capture the landlord's activities. This is generally acceptable because:

• The tenant owns the cameras and has placed them in their own space
• The landlord has been given notice that they are entering the tenant's private space
• Silent video of the landlord's activities during a lawful entry does not require consent

However, if the tenant's cameras record audio of the landlord's conversations during the entry, the all-party consent requirement applies.

Lease Provisions About Recording

What Landlords Can Include in Leases

Landlords may include lease provisions related to recording and surveillance, such as:

• Disclosure of common area cameras: Informing tenants about the presence and location of security cameras
• Restrictions on exterior modifications: Limiting where tenants can mount exterior cameras to prevent damage to the building
• Audio recording prohibitions: Clarifying that common area cameras do not record audio
• Notice requirements: Requiring tenants to notify the landlord before installing exterior cameras

What Landlords Cannot Include in Leases

Certain lease provisions related to surveillance would be unenforceable:

• Consent to hidden cameras in the unit: A lease provision purporting to grant consent for hidden cameras inside the tenant's unit would be unenforceable under Washington law
• Waiver of privacy rights: A blanket waiver of privacy rights under the Privacy Act would likely be unenforceable
• Consent to audio recording everywhere: A lease provision granting blanket consent to record all conversations on the property may not satisfy the statute's requirement for specific, informed consent

Remedies for Tenants

Criminal Prosecution

If a landlord illegally records tenants, the tenant should contact law enforcement. Potential charges include:

• Privacy Act violation (RCW 9.73.080): Gross misdemeanor, up to 364 days jail, $5,000 fine
• Voyeurism in the first degree (RCW 9A.44.115): Class C felony, up to 5 years prison, sex offender registration
• Voyeurism in the second degree: Gross misdemeanor

Civil Remedies

Tenants may pursue civil claims:

• Privacy Act damages under RCW 9.73.060: Actual damages or $100/day (capped at $1,000), plus attorney fees
• Invasion of privacy tort claims: Actual and punitive damages
• Breach of the warranty of habitability: Under RCW 59.18.060
• Retaliatory action claims: If the landlord retaliates against a tenant who complains about surveillance under RCW 59.18.240

Protective Orders

Tenants may seek protective orders under RCW 7.105 to prevent further surveillance or harassment by the landlord.

Breaking the Lease

In cases of egregious landlord surveillance, a tenant may have grounds to terminate the lease without penalty. A landlord who installs hidden cameras in a tenant's unit has materially breached the lease and the implied warranty of habitability.

More Washington 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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