Tennessee Landlord-Tenant Recording Laws: Rights and Restrictions

Tennessee is a one-party consent state under Tenn. Code Ann. section 39-13-601, so any party to a conversation may record it without notifying the other. Tenants may legally record landlord interactions they take part in. No Tennessee statute lists where a landlord may place cameras, but a hidden camera inside an occupied unit invites an invasion-of-privacy lawsuit and can be a crime in some circumstances.

Tennessee's one-party consent law gives both tenants and landlords important rights when it comes to recording. Tenants can record conversations with their landlord to document disputes, and landlords can install security cameras in common areas to protect their property. However, both parties must respect privacy boundaries.

This guide explains the recording rights and restrictions that apply to landlords and tenants in Tennessee, covering everything from security camera placement to using recordings in housing disputes.

Tenant Recording Rights

Recording Conversations With Your Landlord

Under Tenn. Code Ann. section 39-13-601, Tennessee is a one-party consent state. As a tenant, you can record any conversation you participate in with your landlord, property manager, maintenance staff, or leasing agent without notifying them. This includes:

• In-person conversations about rent, repairs, or lease terms
• Phone calls with your landlord or property management company
• Maintenance requests and responses
• Move-in and move-out inspections
• Meetings about lease renewals or terminations
• Any interaction where you are present and participating

Your own consent to the recording satisfies the legal requirement. You do not need to announce that you are recording or get the landlord's permission.

Why Tenants Record Landlord Interactions

Tenants commonly record interactions with landlords to:

• Document verbal agreements about repairs, rent adjustments, or lease modifications
• Preserve evidence of harassment including threats, discriminatory statements, or intimidation
• Record illegal entry by a landlord who enters without your consent outside of an emergency or another situation the statute allows
• Document maintenance failures after verbal repair requests go unfulfilled
• Create a record for potential legal proceedings, small claims court, or housing complaints
• Protect against false accusations about property damage or lease violations

Illegal Entry by Landlords

Tennessee's landlord-tenant law under Tenn. Code Ann. section 66-28-403 frames landlord entry as a consent-based right: a tenant may not unreasonably withhold consent to a landlord's entry to inspect the premises, make repairs, or show the unit, and a landlord may enter without the tenant's consent in an emergency and in a few other situations the statute lists, such as under a court order, after the tenant abandons or surrenders the unit, or when utilities have been shut off through no fault of the landlord. This rule applies only in Tennessee's larger counties: under Tenn. Code Ann. section 66-28-102, the Uniform Residential Landlord and Tenant Act, including section 66-28-403, applies only in counties with a population over 75,000 according to the 2010 or a later federal census (Tennessee's largest counties, including Davidson, Shelby, Knox, and Hamilton). In smaller counties, landlord entry is governed by the lease and Tennessee common law instead. If your landlord enters without your consent outside these situations, recording the event provides important evidence. You can:

• Use your phone to record the landlord inside your unit
• Have your own video cameras running inside your rental unit (if a camera also records sound while you are away, it may capture conversations you are not part of, which Tennessee's wiretapping law restricts)
• Document the date, time, and circumstances of the entry

Recording Other Tenants

As a tenant, you can also record conversations you have with other tenants in shared spaces. However, you cannot:

• Plant recording devices in common areas to capture conversations you are not part of
• Record private conversations between other tenants through shared walls
• Use surveillance equipment to monitor other tenants' comings and goings

Landlord Recording and Surveillance Rights

Security Cameras in Common Areas

Landlords in Tennessee can install security cameras in common areas of rental properties to protect their investment and ensure tenant safety. Permitted camera locations include:

• Building entrances and exits, including main doors and fire escapes
• Lobby and reception areas in apartment buildings
• Hallways and stairwells throughout the building
• Parking lots and garages on the rental property
• Laundry rooms and common utility areas
• Exterior areas including building perimeters, walkways, and landscaped areas
• Mail rooms and package delivery areas

Where Landlords Cannot Place Cameras

No Tennessee statute lists places where a landlord may not put a camera, but these locations carry serious legal risk:

• Inside individual rental units unless the tenant has given explicit consent
• Bathrooms anywhere on the property, including common area restrooms
• Areas aimed directly into tenant windows or private patios
• Locations designed to monitor individual tenants' personal activities rather than common area security
• Inside utility closets or storage units assigned to specific tenants

Placing cameras in these locations can expose landlords to civil liability for invasion of privacy, and entering a unit to install one is limited by the landlord-access rules in counties covered by the landlord-tenant act. A hidden camera can also be a crime under Tennessee's unlawful photography statute (Tenn. Code Ann. section 39-13-605), but only when the footage meets that statute's elements: generally, knowingly photographing a person who has a reasonable expectation of privacy, without consent, where the images capture unclothed intimate areas or sexual activity, or were taken for sexual arousal or gratification and would offend or embarrass an ordinary person.

Audio Recording by Landlords

Landlords who install security cameras with audio capability must comply with the one-party consent rule. This creates practical challenges:

• A camera in a hallway that captures tenant conversations raises wiretapping concerns if the landlord is not a party to those conversations
• The safest approach for landlords is to turn off audio on common-area cameras
• Recording tenants' conversations that the landlord is not part of can be a Class D felony under Tenn. Code Ann. sections 39-13-601 and 39-13-602, and no Tennessee court has held that a posted sign counts as the tenants' consent

Landlord Recording of Tenant Phone Calls

A landlord cannot intercept or record a tenant's phone calls with other people. A landlord may record a call the landlord is part of under the one-party rule. Wiretapping a tenant's phone line is a Class D felony under Tenn. Code Ann. section 39-13-602, carrying 2 to 12 years in prison and fines up to $5,000.

Tenant Security Cameras Inside Rental Units

Your Right to Install Cameras

Tennessee tenants generally have the right to install security cameras inside their own rental units. These cameras can monitor:

• The interior of your apartment or house
• Your front door from inside (through a peephole camera or interior-mounted camera)
• Windows from inside (to capture footage of anyone approaching)

If a camera also records sound, remember that recording a conversation you are not part of, such as one between your landlord and a repair worker while you are out, can violate Tennessee's wiretapping law, so consider video-only recording when you are not home.

Lease Restrictions

Some leases include provisions about modifications to the rental unit. Tenants should review their lease for language about:

• Installing devices that require drilling holes or mounting hardware
• Adding doorbell cameras to shared building entrances
• Running wires or making other modifications to the unit

If the lease is silent on cameras, tenants generally have the right to install them inside their unit. Doorbell cameras that mount to the exterior may require landlord approval.

Cameras Pointed Outside Your Unit

A tenant camera aimed through a window or mounted at an apartment door can incidentally capture common area activity. This is generally permissible, but tenants should avoid:

• Aiming cameras into other tenants' windows or private spaces
• Using cameras to intentionally surveil neighbors
• Recording in a manner that could constitute harassment

Retaliatory Surveillance

Landlord Retaliation Through Cameras

Under Tenn. Code Ann. section 66-28-514, a landlord may not retaliate by raising rent, cutting services, or bringing or threatening an eviction action because a tenant complained to the landlord about a violation of the landlord's repair duties under section 66-28-301 or used the remedies the landlord-tenant act provides. Because section 66-28-514 sits within the same Uniform Residential Landlord and Tenant Act as section 66-28-403, it applies only in counties with a population over 75,000 under Tenn. Code Ann. section 66-28-102; tenants in smaller counties do not have this specific statutory claim and should look to their lease terms or consult an attorney about other remedies. The statute does not mention cameras or surveillance. Section 66-28-403(d) separately bars a landlord from abusing the right of entry or using it to harass a tenant. A tenant facing cameras meant to intimidate should talk to an attorney about these statutes and about an invasion-of-privacy claim.

Signs of retaliatory surveillance include:

• Cameras installed immediately after a tenant complaint
• Cameras aimed specifically at one tenant's unit or assigned areas
• Dramatic increase in surveillance after a tenant exercises a legal right
• Surveillance accompanied by threats or hostile behavior

Remedies for Retaliatory Actions

Tenants who face intimidating surveillance can:

• File a complaint with local housing or code enforcement officials
• Raise section 66-28-514 if the landlord also raised rent, cut services, or moved to evict after a complaint
• Ask an attorney about an invasion-of-privacy claim, which can include a request for an injunction to have cameras removed
• Keep a dated record of when cameras appeared and what they cover

Using Recordings in Landlord-Tenant Disputes

Small Claims Court

Recordings are commonly used in Tennessee small claims court (general sessions court) for landlord-tenant disputes including:

• Security deposit disputes
• Repair and maintenance failures
• Lease violation claims
• Illegal eviction actions
• Property damage disputes

Small claims courts in Tennessee have relatively informal evidentiary rules, making recordings easier to introduce than in higher courts. You should still preserve the original file, note the recording circumstances, and be prepared to authenticate it.

Formal Court Proceedings

In circuit court proceedings, recordings must meet the Tennessee Rules of Evidence standards for authentication, relevance, and legality. A recording made in compliance with the one-party consent law is generally admissible.

Housing Code Enforcement

If you record evidence of housing code violations, such as mold, pest infestations, structural problems, or lack of essential services, you can submit the recordings to local code enforcement officials. Many Tennessee municipalities have housing codes enforced through local departments.

Fair Housing Complaints

Recordings that document discriminatory statements or actions by a landlord can be submitted to the Tennessee Human Rights Commission or the U.S. Department of Housing and Urban Development (HUD). Federal and state fair housing laws prohibit discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status.

Tennessee 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 Tennessee Recording Laws

More Tennessee Recording Topics

• Tennessee Biometric Privacy Laws
• Surveillance Camera Laws

More Tennessee Laws

• Tennessee AI Meeting Recording Laws
• Tennessee Dashcam Laws
• Tennessee Data Privacy Laws
• Tennessee Deepfake Laws
• Tennessee Employee Monitoring Laws
• Tennessee GPS Tracking Laws
• Tennessee Police Bodycam Laws
• Tennessee Smart Glasses Recording Laws

Frequently Asked Questions

Can I record my landlord in Tennessee?

Yes. Under Tennessee's one-party consent law (Tenn. Code Ann. section 39-13-601), you can record any conversation you participate in with your landlord without notifying them. This includes in-person conversations, phone calls, and meetings.

Can my landlord put cameras inside my apartment in Tennessee?

Generally they should not. No Tennessee statute lists where landlords may place cameras, but a camera inside your unit without your consent can support an invasion-of-privacy lawsuit, can be a crime if it captures intimate images or records conversations the landlord is not part of, and entering to install one is limited by landlord-access rules in larger counties. Landlords can install cameras in common areas such as lobbies, hallways, parking lots, and building entrances.

Can I install my own security cameras in my rental unit?

Yes. Tennessee tenants generally have the right to install security cameras inside their rental units. If a camera records sound while you are away, it may capture conversations you are not part of, which Tennessee's wiretapping law restricts. Check your lease for any restrictions on modifications that require drilling or mounting hardware. Doorbell cameras on shared building exteriors may need landlord approval.

Can I use a recording of my landlord as evidence in court?

Yes. Recordings made in compliance with Tennessee's one-party consent law are generally admissible in court proceedings. This includes small claims court for security deposit disputes, housing code enforcement actions, and fair housing complaints.

What can I do if my landlord installed cameras aimed at my unit?

If your landlord has installed cameras that invade your privacy or appear retaliatory, you can file a complaint with local housing authorities, consult an attorney about pursuing civil action, and document the surveillance. In counties with a population over 75,000, Tenn. Code Ann. section 66-28-514 bars a landlord from raising rent, cutting services, or moving to evict because you complained or used the landlord-tenant act's remedies, though it does not address cameras directly; in smaller counties, where that statute does not apply, an attorney can advise you on other available remedies.