South Carolina Landlord-Tenant Recording Laws: Rights for Renters and Landlords (2026)

South Carolina tenants can record conversations with their landlord without notice under the one-party consent rule at S.C. Code Ann. 17-30-30. That right covers phone calls, in-person meetings, and move-in or move-out inspections where you are a participant, and recordings made this way are admissible in court.

The landlord-tenant relationship in South Carolina involves a unique set of recording and surveillance issues. Tenants often need to document interactions with landlords about repairs, lease disputes, and potential illegal behavior. Landlords need to monitor their properties for security purposes. South Carolina's recording laws provide a framework for both, but crossing certain lines can result in criminal charges and civil liability.

This guide covers what tenants and landlords can record, where surveillance cameras are permitted, how recordings can be used as evidence, and what to do when privacy rights are violated.

Tenant Recording Rights

Recording Conversations with Your Landlord

Under S.C. Code Ann. 17-30-30, you can record any conversation you participate in without informing the other person. As a tenant, this means you can record:

• Phone calls with your landlord or property manager
• In-person conversations about lease terms, rent increases, or repairs
• Maintenance request discussions
• Move-in and move-out inspections
• Conversations about security deposit disputes
• Discussions about lease renewal or termination
• Any interaction where you are a participant

These recordings can serve as critical evidence in disputes about verbal agreements, harassment, or failure to maintain the property.

Why Tenants Record Landlords

Common situations where tenant recordings prove valuable:

Maintenance and repair disputes. When a landlord verbally agrees to fix a problem but does not follow through, a recording preserves the promise. Under the South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. 27-40-440), landlords must maintain the premises in a fit and habitable condition.

Illegal entry. South Carolina law at S.C. Code Ann. 27-40-530 requires landlords to give at least 24 hours' notice before entering a rental unit, with limited exceptions such as emergencies, announced visits for scheduled services the lease provides for, and repairs you requested. Recording an unauthorized entry documents the violation.

Harassment and retaliation. If a landlord retaliates against you for filing a complaint or exercising your legal rights, recording the interaction provides evidence. S.C. Code Ann. 27-40-910 prohibits landlord retaliation.

Security deposit disputes. Recording a walk-through inspection at move-out can prevent disputes about the condition of the property and justify the return of your security deposit.

Verbal lease modifications. If a landlord verbally agrees to changes in lease terms (reduced rent, permission for a pet, extended move-out date), a recording preserves the agreement.

Tenant Security Cameras

Tenants in South Carolina can generally install security cameras inside their own rental units. Common placements include:

• Inside the unit in common areas (living room, kitchen)
• Doorbell cameras at the unit's entrance
• Window cameras pointing outward at the tenant's parking space

Lease considerations: Before installing cameras, review your lease for provisions about:

• Modifications to the property (drilling holes, running wires)
• Exterior appearance restrictions (especially in apartments and condominiums)
• Rules about recording common areas shared with other tenants
• Sublease provisions that might affect camera placement in shared units

Audio recording caution: If your camera records audio, the one-party consent rule applies. Cameras that passively record conversations you are not part of may violate the wiretapping statute. Consider disabling audio recording on cameras that operate when you are not home.

Landlord Surveillance Rights

Security Cameras in Common Areas

Landlords of multi-unit properties can install security cameras in common areas where tenants do not have a reasonable expectation of privacy:

• Building lobbies and entrance areas
• Hallways and stairwells
• Parking lots and garages
• Laundry rooms
• Exterior building areas
• Mail room areas
• Pool and recreation areas (but not changing rooms or restrooms)

These cameras serve legitimate security purposes and help protect both the property and its tenants.

Where Landlords Cannot Place Cameras

South Carolina has no statute that bans landlord cameras by location. Several laws together put these places off limits in practice:

• Inside individual rental units: a landlord may not enter an occupied unit to install a camera without the tenant's consent except as S.C. Code Ann. 27-40-530 allows, and a tenant can seek an injunction, damages, and attorney's fees for a knowing unlawful entry under 27-40-780(b).
• Bathrooms, bedrooms, and changing rooms (including common-area restrooms and pool or gym changing rooms): recording a person there for sexual gratification is voyeurism under 16-17-470(B), and using a camera to spy on tenants can be peeping under 16-17-470(A).
• Any camera that records audio of tenants' private conversations without a participant's consent can be a felony under the wiretap law.

No statute speaks specifically to garages or storage units rented to individual tenants, but a camera inside one raises the same access and privacy problems, so landlords should not place one there without the tenant's agreement.

Installing hidden cameras inside a rental unit to spy on a tenant can violate S.C. Code Ann. 16-17-470. Subsection (A), the peeping-tom provision, covers using video or audio equipment to spy on or invade the privacy of others and is a misdemeanor carrying up to 3 years in prison and a fine of up to $500. If the viewing or recording is done to arouse or gratify sexual desire, it is voyeurism under subsection (B): a first offense is a misdemeanor with the same penalty, and a second or subsequent voyeurism offense is a felony carrying up to 5 years in prison. A peeping, voyeurism, or aggravated voyeurism conviction, including a first-offense misdemeanor, also requires registration as a Tier I sex offender under S.C. Code Ann. 23-3-430(C)(1)(e). Registration is mandatory, and a Tier I offender may apply to end it only after 15 years (23-3-462). The landlord may also face civil liability for invasion of privacy.

Notice Requirements for Common Area Cameras

South Carolina does not have a specific statute requiring landlords to notify tenants about common area security cameras. However, best practices include:

• Including a disclosure in the lease agreement about surveillance in common areas
• Posting visible signage indicating areas under camera surveillance
• Informing tenants during the lease signing process
• Providing information about the purpose and scope of surveillance

Audio Recording by Landlords

Landlord audio surveillance is subject to the wiretapping statute. A landlord cannot install microphones or audio recording devices in common areas to capture tenant conversations without being a party to those conversations. Recording tenants' private conversations this way can be a felony under S.C. Code Ann. 17-30-20 and 17-30-50. The law protects conversations held where the speakers reasonably expect not to be recorded, which a quiet exchange in a hallway may be even if a shout across a parking lot is not.

If a landlord uses a camera with audio capability in a common area, the audio function should be disabled unless the landlord is actively participating in conversations captured by the camera (such as through a two-way intercom system).

Recording During Landlord-Tenant Disputes

Documenting Property Conditions

Both tenants and landlords benefit from documenting property conditions through recording:

For tenants:

• Video record the condition of the unit at move-in and move-out
• Photograph and video damage caused by maintenance failures
• Record conversations where you notify the landlord of needed repairs
• Document the condition of the property before and after landlord inspections

For landlords:

• Video record property conditions during inspections
• Document damage caused by tenants
• Record conversations with tenants about lease violations (if you are a participant)
• Preserve evidence of property conditions for security deposit disputes

Recordings as Evidence in Court

Recordings made under one-party consent are admissible in South Carolina courts. In landlord-tenant disputes, recordings can be used in:

Magistrate's court. Most landlord-tenant disputes in South Carolina are heard in magistrate's court. Recordings of conversations about repairs, lease terms, and property conditions are commonly admitted.

Eviction proceedings. Landlords may use recordings to demonstrate lease violations, and tenants may use recordings to show retaliatory eviction or failure to maintain the premises.

Security deposit disputes. Video recordings of move-in and move-out conditions are particularly valuable in security deposit cases. Under S.C. Code Ann. 27-40-410, the landlord must return the deposit, with a written itemized list of any deductions, within 30 days after the tenancy ends and you deliver possession and request it, whichever is later. Give the landlord a forwarding address in writing; a landlord who wrongfully withholds the deposit can owe three times the amount withheld plus attorney's fees.

Fair housing complaints. Recordings can document discriminatory statements or practices that violate the South Carolina Fair Housing Law (S.C. Code Ann. 31-21-10 et seq.) or the federal Fair Housing Act.

Hidden Cameras in Rental Properties

Discovery of Hidden Cameras

If you discover a hidden camera in your rental unit, take these steps:

1. Do not touch or remove the camera. Leave it in place for law enforcement to collect as evidence.
2. Document the camera. Photograph its location from multiple angles, noting the exact position and any identifying markings.
3. Call law enforcement. File a police report immediately. A hidden camera used to spy on you in a private area can be a misdemeanor under the peeping-tom provision of S.C. Code Ann. 16-17-470; if it was done for sexual gratification, it is voyeurism, a misdemeanor on a first offense and a felony on a second or subsequent offense. Either conviction requires Tier I sex-offender registration.
4. Contact an attorney. You may have claims for invasion of privacy, emotional distress, and violation of the voyeurism statute.
5. Notify the landlord in writing. If the landlord is not the suspect, notify them. If the landlord installed the camera, do not give them advance notice before contacting law enforcement.

Short-Term Rentals (Airbnb, VRBO)

Hidden cameras in short-term rental properties are an increasing concern. South Carolina guests in short-term rentals have the same privacy protections as long-term tenants:

• Secretly filming guests in bedrooms, bathrooms, and other private areas can violate S.C. Code Ann. 16-17-470 (the peeping-tom provision, or the voyeurism provision when the purpose is sexual)
• Hosts must disclose any cameras on the property (most platforms require this in their terms of service)
• Exterior cameras and cameras in common areas that are disclosed are generally permitted
• If you discover an undisclosed camera, report it to law enforcement and the rental platform
• If intimate images were captured and distributed without consent, South Carolina's 2025 NCII law (S.C. Code Ann. 16-15-332, signed May 12 2025) provides a criminal remedy, and since May 15, 2026 a separate civil law (S.C. Code Ann. 15-75-310 to -370) lets the person depicted sue for damages, including statutory damages of up to $10,000 per defendant

Criminal Penalties for Landlord Voyeurism

A landlord who installs hidden cameras in a tenant's private spaces can face:

Any peeping, voyeurism, or aggravated voyeurism conviction also requires registration as a Tier I sex offender (S.C. Code Ann. 23-3-430(C)(1)(e)).

In addition to criminal penalties, the tenant can pursue civil claims for:

• Invasion of privacy damages
• Emotional distress
• Punitive damages
• Attorney's fees
• Civil damages under S.C. Code Ann. 17-30-135 ($500/day or $25,000 minimum) if audio was captured

Landlord Entry and Recording

Notice Requirements for Entry

Under S.C. Code Ann. 27-40-530(c), landlords must give the tenant at least 24 hours' notice of intent to enter and may enter only at reasonable times. This is an explicit statutory minimum, not an unwritten custom. The landlord may enter without that notice only:

• In an emergency, at any time (a likely weather danger to the property can count)
• For regularly scheduled services such as filter changes or pest treatment, between 9 a.m. and 6 p.m., if the lease conspicuously provides for it and the landlord announces the entry
• For services you requested, between 8 a.m. and 8 p.m., after announcing the entry
• Under a court order
• With a law enforcement officer at reasonable times to serve eviction papers
• As permitted by 27-40-720 and 27-40-730, or if you have abandoned or surrendered the unit

Recording Unauthorized Entry

If your landlord enters without proper notice, recording the entry can provide valuable evidence. Options include:

• Smart doorbell cameras that capture the landlord arriving
• Interior security cameras that record the entry
• Audio recordings if you are present and confronting the landlord about the unauthorized entry

Under S.C. Code Ann. 27-40-780(b), a tenant harmed by a landlord's knowing unlawful entry, repeated unreasonable lawful entry, or repeated entry demands that amount to harassment can get an injunction against the conduct or terminate the rental agreement, and can recover actual damages plus reasonable attorney's fees. South Carolina law does not provide a fixed one-month's-rent remedy for unauthorized entry.

Lease Provisions About Recording

Common Lease Clauses

Some South Carolina landlords include provisions in leases addressing recording and surveillance:

• No-recording clauses. Some leases prohibit tenants from recording conversations with landlord representatives. While such clauses may be enforceable as a matter of contract, they cannot override state law. A recording made in violation of a lease clause is still legal under S.C. Code Ann. 17-30-30, though violating the clause could potentially be treated as a lease violation.
• Camera installation restrictions. Leases may restrict the type or placement of tenant-installed cameras, particularly regarding modifications to the property.
• Surveillance disclosure clauses. Some leases disclose that common areas are under surveillance and require tenant acknowledgment.

Unconscionable Lease Terms

Under S.C. Code Ann. 27-40-230, courts can refuse to enforce lease terms that are unconscionable. A lease provision that attempts to waive a tenant's legal right to record their own conversations may be deemed unconscionable, particularly if the tenant needs recordings to protect their legal rights.

South Carolina Recording Law Sub-Topics

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

Back to South Carolina Recording Laws

More South Carolina Recording Topics

• South Carolina Biometric Privacy Laws

• Surveillance Camera Laws

• South Carolina Employee Monitoring Laws

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• South Carolina Dashcam Laws
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Frequently Asked Questions

Can I record my landlord in South Carolina without telling them?

Yes. Under South Carolina one-party consent law (S.C. Code Ann. 17-30-30), you can record any conversation you participate in without informing the other party. This includes phone calls, in-person meetings, move-in and move-out inspections, and maintenance discussions with your landlord or property manager.

Can my landlord install cameras inside my rental unit in South Carolina?

Not without your consent. South Carolina has no statute that bans landlord cameras by location, but a landlord may not enter your occupied unit to install a camera without your consent except as S.C. Code Ann. 27-40-530 allows. Cameras used to spy on tenants in private areas like bathrooms and bedrooms can violate S.C. Code Ann. 16-17-470: the peeping-tom provision is a misdemeanor (up to 3 years in prison, $500 fine), and if the purpose is sexual gratification it is voyeurism, which rises to a felony (up to 5 years) for a second or subsequent offense. Either conviction also requires Tier I sex-offender registration. Landlords can install cameras in common areas of multi-unit properties like hallways and parking lots.

What should I do if I find a hidden camera in my rental in South Carolina?

Do not touch the camera. Document its location with photographs, then call law enforcement immediately to file a report. Contact an attorney about potential civil claims. If the camera is in a private area like a bathroom or bedroom, the person who installed it can face misdemeanor peeping-tom charges under S.C. Code Ann. 16-17-470, or voyeurism charges if the purpose was sexual gratification (a misdemeanor for a first offense, rising to a felony for a second or subsequent offense), and a conviction requires Tier I sex-offender registration.

Can I install a security camera at the entrance of my apartment in South Carolina?

Generally yes, but check your lease first. Some leases restrict modifications to the property, including installing cameras in common areas or at entrances. A doorbell camera that does not require drilling or permanent modification is typically the least problematic option. If your camera captures audio, consider disabling it when you are not home to comply with wiretapping laws.

Can recordings be used as evidence in landlord-tenant disputes in South Carolina?

Yes. Recordings made legally under one-party consent are admissible in South Carolina courts. They are commonly used in disputes about repairs, security deposits, lease violations, and eviction proceedings. Video recordings of property conditions at move-in and move-out are particularly valuable in security deposit cases.