Colorado Landlord-Tenant Recording Laws: Cameras, Privacy, and Rights

Colorado follows one-party consent under C.R.S. 18-9-303 (calls) and 18-9-304 (in-person conversations), so either a landlord or a tenant may record any conversation they participate in without notifying the other party. Landlords may install cameras in common areas. No Colorado statute expressly bans cameras inside a rental unit, but a hidden camera that captures a tenant's intimate parts is criminal invasion of privacy (C.R.S. 18-7-801), and audio of conversations the landlord is not part of can be eavesdropping (C.R.S. 18-9-304).

Quick Answer

Colorado tenants can record conversations with their landlord under one-party consent, and landlords can install cameras in common areas with proper disclosure. The Colorado Division of Real Estate has issued guidance for home sellers and brokers on surveillance during showings, and C.R.S. 18-7-801 makes it a crime to knowingly observe or photograph another person's intimate parts without consent where that person has a reasonable expectation of privacy.

Tenant Recording Rights

Recording Conversations with Your Landlord

As a tenant in Colorado, you can record conversations with your landlord, property manager, or maintenance staff under the one-party consent framework of C.R.S. 18-9-303 and C.R.S. 18-9-304. You do not need to tell the landlord you are recording.

Common situations where tenants record landlord interactions:

• Maintenance requests: Documenting verbal promises to make repairs
• Lease disputes: Preserving conversations about lease terms, rent increases, or deposit deductions
• Illegal entry complaints: Recording a landlord who enters without proper notice (Colorado's bed bug inspection statute, C.R.S. 38-12-1004, requires a landlord, qualified inspector, or pest control agent to give at least 48 hours' written or electronic notice before entering to inspect for or treat bed bugs, unless the rental agreement sets a different notice period or the tenant waives notice)
• Harassment documentation: Recording threatening or harassing behavior by a landlord
• Move-out inspections: Preserving a record of the property's condition
• Eviction discussions: Recording conversations related to eviction notices or lease termination

Recording Methods for Tenants

Tenants can use:

• A smartphone voice recorder during in-person conversations
• A call recording app during phone calls with the landlord or property management
• A doorbell camera to record interactions at the front door
• A security camera to document the condition of the property and any unauthorized entries

The key legal requirement remains the same: you must be a participant in the conversation. Planting a recorder and leaving will not satisfy one-party consent for the audio component.

Using Recordings in Landlord-Tenant Disputes

Recordings made under one-party consent are generally admissible in Colorado courts and administrative proceedings. Tenants commonly use recordings in:

• Deposit disputes: Proving the property's condition at move-in or move-out
• Repair claims: Documenting that the landlord was notified of problems
• Rent disputes: Preserving verbal agreements about rent amounts or payment schedules
• Eviction defense: Showing procedural violations or retaliatory eviction
• Habitability claims: Recording conditions that violate the Colorado Warranty of Habitability standards

Landlord Surveillance Rights

Common Area Cameras

Landlords can install security cameras in common areas of multi-unit rental properties. Permissible locations include:

• Building lobbies and entrances
• Hallways and stairwells
• Parking lots and garages
• Laundry rooms
• Mail areas
• Exterior building perimeters
• Pool areas and common recreation spaces

These cameras serve legitimate security and liability reduction purposes. Colorado law does not require tenant consent for video-only surveillance in common areas.

Prohibited Camera Locations

Landlords should not place cameras in areas where tenants or visitors have a reasonable expectation of privacy:

• Inside individual rental units without the tenant's knowledge and agreement (no statute bans this outright, but it risks the crimes below and an invasion-of-privacy lawsuit)
• Bathrooms in any location
• Private balconies or patios where tenants have exclusive use (this is a gray area; cameras aimed at a shared courtyard that incidentally capture private patios may be acceptable, but cameras targeting a specific tenant's patio raise concerns)
• Any area where a person would reasonably expect to undress or engage in private activities

A camera in one of these places is not automatically a crime, but if it is used to knowingly observe or photograph a person's intimate parts without consent where that person has a reasonable expectation of privacy, it is Criminal Invasion of Privacy under C.R.S. 18-7-801, a Class 2 misdemeanor carrying up to 120 days in jail and a $750 fine.

Colorado Division of Real Estate Guidance

The Colorado Division of Real Estate has issued guidance for home sellers and real estate brokers on surveillance during showings. It notes that audio surveillance of a conversation you are not part of needs a participant's consent unless the device is on your own premises for security or business purposes and notice is given to the public (C.R.S. 18-9-304 and 18-9-305), and that video recording where someone has a reasonable expectation of privacy can violate C.R.S. 18-7-801. It does not address landlords or leases, but the same statutes apply to landlords.

Good practice for landlords, based on those statutes rather than any Division rule:

• Disclosure before lease signing: Tell prospective tenants about all surveillance systems on the property before the lease is signed
• Written notification: Put surveillance policies in the lease or in a separate disclosure document
• Signage: Post signs in areas under surveillance, which also gives the public notice C.R.S. 18-9-305(1) requires for security audio
• Audio recording caution: Audio of conversations the landlord is not part of raises eavesdropping issues under C.R.S. 18-9-304

Audio Recording in Rental Properties

The Audio Problem for Landlords

Many modern security cameras have built-in microphones that record audio by default. This creates significant legal risk for landlords:

• Video-only surveillance in common areas is legal without consent
• Adding audio to surveillance in common areas implicates the eavesdropping statute, C.R.S. 18-9-304
• If the landlord is not a participant in conversations captured by security camera audio, the recording may constitute illegal eavesdropping

Solutions for Landlords

• Disable audio on security cameras: The simplest solution is to turn off microphones on all common area cameras
• Post clear audio recording notices: Colorado's eavesdropping law exempts devices used on your own premises for security or business purposes when reasonable notice is given to the public (C.R.S. 18-9-305(1)), and that exemption is an affirmative defense. A sign stating "Audio and video recording in progress" is a common way to give that notice (see recording someone without consent)
• Include audio recording in lease terms: A lease clause notifying tenants that common areas are subject to audio and video recording establishes awareness
• Use video-only cameras: Purchase security systems without microphone capabilities

Tenant Audio Recording

Tenants can record audio inside their own units as they are the occupants and participants in any conversations there. Tenants can also record conversations with landlords, maintenance workers, or other visitors to their unit under one-party consent.

Landlord Entry and Recording

Notice Requirements

Under C.R.S. 38-12-1004, a landlord, qualified inspector, or pest control agent must give a tenant at least 48 hours' written or electronic notice before entering to inspect for or treat bed bugs, unless the rental agreement sets a different notice period or the tenant waives notice. Tenants who suspect their landlord is entering without proper notice can use recording devices to document unauthorized entries:

• Interior cameras: Video cameras in common living areas of the unit can capture unauthorized entries
• Doorbell cameras: Record when someone enters through the front door
• Motion-activated cameras: Activate only when movement is detected, preserving storage space
• Smart home sensors: Door and window sensors can log entry times

Recording Unauthorized Entry

If your landlord enters your unit without proper notice, recordings can serve as evidence in:

• Complaints to the Colorado Division of Real Estate
• Civil lawsuits for invasion of privacy
• Lease violation claims
• Requests for court-ordered restraining orders in severe cases

Security Deposits and Recording

Move-In Documentation

Colorado tenants should document the property's condition at move-in with:

• Video walkthroughs of every room, recording the condition of walls, floors, fixtures, and appliances
• Photographs with timestamps
• Written condition checklists

These recordings help protect your security deposit when you move out by establishing the property's condition before your tenancy.

Move-Out Inspections

Under Colorado law, tenants can request a move-out inspection. Recording this inspection provides valuable evidence:

• Record the landlord's walk-through and any comments about the property's condition
• Document any damage the landlord claims versus pre-existing conditions you recorded at move-in
• Preserve the conversation about potential deposit deductions

Colorado law under C.R.S. 38-12-103 requires landlords to return security deposits (or provide an itemized list of deductions) within 30 days of lease termination, or within a longer period of up to 60 days if the lease specifies one (HB 25-1249, effective January 1, 2026). Recordings can be critical evidence if you dispute deductions.

Short-Term Rentals and Airbnb

Surveillance Disclosure Requirements

Colorado property owners who list short-term rentals on Airbnb, Vrbo, or similar platforms must consider:

• Disclosure is essential: Always disclose any outdoor cameras or noise monitors at the rental property
• Platform policies: Airbnb (since April 30, 2024) and Vrbo ban cameras anywhere inside the listing, even disclosed ones, and require outdoor cameras to be disclosed in the listing
• Privacy areas: Cameras inside the rental unit violate guest privacy expectations, and a camera that captures a guest's intimate parts without consent can violate C.R.S. 18-7-801
• Exterior cameras: Cameras covering the exterior of the property and common areas should be disclosed but are generally legal

Audio Recording in Short-Term Rentals

The same audio recording rules apply to short-term rentals. Security cameras with microphones in areas where guests have conversations (living rooms, kitchens, outdoor seating areas) create eavesdropping risk if the host is not a participant. Disable audio, or if the device is used for security on your own premises, give clear notice to guests (C.R.S. 18-9-305(1)).

Tenant Rights Resources

Colorado tenants with recording or surveillance concerns can contact:

• Colorado Division of Real Estate for complaints about landlord practices
• Colorado Legal Services for free legal assistance for qualifying tenants
• Colorado Attorney General's Office for consumer protection complaints
• Local tenant rights organizations for guidance and advocacy

More Colorado 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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Frequently Asked Questions

Can I record my landlord in Colorado?

Yes. Under Colorado's one-party consent law, you can record conversations with your landlord as long as you are a participant. This applies to in-person meetings, phone calls, and video conversations. You do not need to tell the landlord you are recording.

Can my landlord put cameras inside my apartment in Colorado?

No Colorado statute expressly bans landlord cameras inside a rental unit, but a hidden camera there can be a crime and can support an invasion-of-privacy lawsuit, so landlords should not place cameras inside units without the tenant's informed agreement. Recording tenants' conversations the landlord is not part of can be eavesdropping under C.R.S. 18-9-304. A camera in a bathroom or bedroom that captures a person's intimate parts without consent can be Criminal Invasion of Privacy under C.R.S. 18-7-801.

Can a landlord record audio in common areas in Colorado?

Only if done in compliance with one-party consent rules. Video-only surveillance in common areas does not require consent. If cameras have microphones that capture tenant conversations the landlord is not part of, the audio recording could constitute illegal eavesdropping. The safest approach is to disable audio. A landlord using audio for security on its own premises should post clear notices, because C.R.S. 18-9-305(1) exempts security devices only when reasonable notice is given to the public.

Can I install a doorbell camera on my apartment in Colorado?

Generally yes, but check your lease first. Some leases restrict property modifications. If your lease allows it, you can install a doorbell camera to record your entryway. The camera's audio function follows one-party consent rules when you interact with visitors through the device.

Can I use recordings to fight a security deposit dispute in Colorado?

Yes. Recordings of the property's condition at move-in and move-out are valuable evidence in deposit disputes. Under C.R.S. 38-12-103, landlords must return deposits or provide itemized deductions within 30 days, or up to 60 days if the lease allows a longer period. Video documentation can prove the property was in good condition when you left.