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

Texas is a one-party consent state under Tex. Penal Code 16.02, so any party to a conversation may record it without notifying the other. Tenants may record discussions with landlords, and landlords may record conversations they join. A landlord who records inside a tenant's unit risks civil liability, and recording a tenant undressed or in a bedroom or bathroom can be a felony.

Overview of Texas Landlord-Tenant Recording Laws

The intersection of recording law and landlord-tenant relationships in Texas involves multiple statutes. Tex. Penal Code Section 16.02 governs audio recording consent, Tex. Penal Code Section 21.15 prohibits invasive visual recording, and Tex. Property Code Chapter 92 establishes landlord and tenant rights regarding security, repairs, and property conditions.

For the broader context of recording law in the state, see the main Texas recording laws page. The Texas Attorney General's office provides guidance on tenant rights, and the Texas State Law Library maintains resources on landlord-tenant law topics.

Tenant Rights: Recording Landlord Interactions

One-Party Consent for Tenant Recordings

Under the one-party consent rule in Tex. Penal Code Section 16.02, Texas tenants can record any conversation they participate in with their landlord, property manager, maintenance staff, or any other representative of the landlord. No notification is required.

Common situations where tenants record landlord interactions include:

• Repair requests: Documenting verbal promises to fix maintenance issues
• Lease negotiations: Preserving discussions about rent increases, lease terms, or renewal conditions
• Move-in and move-out inspections: Recording the condition of the property and any verbal acknowledgments
• Security deposit disputes: Capturing discussions about deductions and damage assessments
• Harassment documentation: Recording threatening, discriminatory, or retaliatory behavior
• Illegal entry complaints: Documenting instances of unauthorized landlord access

Using Recordings as Evidence

Tenant recordings are generally admissible in Texas courts when made lawfully under the one-party consent rule. These recordings can support claims in:

• Justice court eviction proceedings
• Small claims cases for security deposit recovery
• Fair housing discrimination complaints
• Breach of lease contract claims
• Personal injury cases related to unsafe property conditions
• Retaliation claims under the Texas Property Code

Authentication under Texas Rules of Evidence Rule 901 requires evidence that the recording is what it claims to be, usually testimony from the tenant who made it that it is accurate and unaltered. Digital recordings with metadata (timestamps, file creation data) strengthen authentication.

Landlord Rights: Surveillance on Rental Properties

Where Landlords Can Install Cameras

Landlords in Texas can install security cameras on rental properties in areas where tenants and visitors do not have a reasonable expectation of privacy. Permissible locations include:

• Building exteriors and entrances
• Parking lots and garages (common areas)
• Hallways and stairwells in multi-unit buildings
• Lobbies and common recreation areas
• Laundry rooms and mail areas
• Exterior walkways and courtyards
• Property perimeters and fencing

These cameras serve legitimate purposes including crime deterrence, liability protection, lease compliance monitoring in common areas, and property damage prevention.

Where Landlord Cameras Create Legal Risk

No Texas statute lists banned camera locations, but a landlord who records in places where tenants have a reasonable expectation of privacy takes on serious legal risk. High-risk locations include:

• Inside individual rental units (apartments, houses, condos)
• Bathrooms and restrooms in any location
• Bedrooms and sleeping areas
• Fenced backyards that serve a single unit
• Private patios and balconies enclosed from public view
• Changing areas in pools or fitness centers

Section 21.15 does not criminalize installing a camera as such. Recording or transmitting an image of a tenant's intimate area that the tenant reasonably expects not to be in public view, or of a tenant in a place where a reasonable person would believe they could undress in private (the statute, as amended by H.B. 1465 effective September 1, 2025, names bathrooms, bedrooms, and changing rooms), without consent and with intent to invade privacy violates Tex. Penal Code Section 21.15 (invasive visual recording), a state jail felony punishable by 180 days to 2 years in prison and fines up to $10,000. For an invasive visual recording offense committed on or after September 1, 2025, a conviction requires sex offender registration, which generally ends 10 years after the person is released or completes supervision.

Audio Recording by Landlord Surveillance Systems

When landlord surveillance cameras include audio recording, the one-party consent requirement applies. A camera system that passively records audio of tenant conversations in common areas, without any consenting party participating, may violate Tex. Penal Code Section 16.02.

Landlords who install audio-capable cameras should:

• Post clear signage disclosing that audio recording is in progress
• Limit audio recording to areas where the landlord or staff regularly interact with tenants
• Disable audio in areas where tenants converse privately
• Include surveillance disclosure in lease agreements

Tenant Privacy Rights

The Reasonable Expectation of Privacy

Texas courts recognize that tenants have a reasonable expectation of privacy inside their rental units. This expectation extends to all areas within the leased premises, including bedrooms, bathrooms, and private living spaces. The landlord's ownership of the property does not override the tenant's privacy rights within the leased unit.

Landlord Entry and Recording

Texas does not have a comprehensive statute requiring advance notice before landlord entry, unlike many other states; entry rights are instead controlled by the lease and general common-law and trespass principles. Separately, Tex. Property Code Section 92.0081 prohibits a landlord from barring a tenant's own entry into the unit, such as through an unlawful lockout or an improper lock change, except by judicial process, bona fide repairs or construction, or an emergency.

A landlord who enters a tenant's unit and records the interior without permission may face liability for:

• Invasion of privacy (civil tort)
• Invasive visual recording (criminal under Section 21.15 if it captures a tenant's intimate areas that the tenant reasonably expects not to be in public view, or a tenant in a place such as a bedroom or bathroom where a person could reasonably expect to undress in private, and the recording was made without consent and with intent to invade privacy)
• Violation of the lease agreement
• Harassment or retaliation claims

Tenant Camera Installation

Tenants have the right to install security cameras inside their own rental units for personal security purposes. This includes doorbell cameras, interior cameras for pet monitoring, and nanny cameras. Tenants should:

• Review the lease for any restrictions on camera installation
• Avoid mounting cameras in a way that damages the property
• Ensure cameras do not capture areas outside the leased premises where others have privacy expectations
• Remove cameras and repair any mounting damage upon move-out

Security Devices Under Texas Property Code

Landlord Obligations for Security Devices

Tex. Property Code Chapter 92, Subchapter D requires landlords to provide specific security devices on rental properties, including:

• Window latches on all exterior windows
• Sliding door pin locks or security bars
• Deadbolts on exterior doors
• Door viewers (peepholes) on exterior doors
• Keyless bolts on exterior doors

These requirements exist independently of any camera surveillance and represent minimum security standards. A landlord who fails to install required security devices faces liability under the Property Code.

Tenant Requests for Additional Security

Under Section 92.164, a tenant can request that a landlord install or repair security devices at the landlord's expense if the devices are required by the statute. If the landlord does not install or rekey a required device, the tenant may:

• Install or rekey the device and deduct the reasonable cost from the next rent payment
• Sue for a court order, actual damages, court costs, and attorney fees, without first serving a request
• Serve a written request and, if the landlord does not comply by the third day after receiving it (the seventh day if the lease contains the required underlined or bold notice), terminate the lease or sue for actual damages, a civil penalty of one month's rent plus $500, court costs, and attorney fees

Landlord Retaliation Protections

Protected Tenant Activities

Tex. Property Code Section 92.331 prohibits landlord retaliation against tenants who engage in legally protected activities. A landlord cannot take adverse action against a tenant for:

• Requesting repairs in good faith
• Filing complaints with government agencies about building code violations
• Participating in tenant organizations
• Exercising legal rights under the lease or the Property Code

Retaliation and Recording

Tenants who record their interactions with landlords while exercising these protected rights create valuable evidence of retaliation. If a landlord retaliates after a tenant reports problems, a recording of the landlord's retaliatory statements or actions can support a claim under Section 92.331.

The anti-retaliation protection lasts for six months from the date of the tenant's protected action. During this period, Section 92.331 bars the landlord from retaliating by filing an eviction, raising rent, cutting services, or ending the lease, except for the reasons the law allows.

Short-Term Rental Recording Issues

Airbnb and Vacation Rental Cameras

Short-term rental hosts in Texas face unique recording law considerations. Platform rules are separate from Texas law and can be stricter. Airbnb's policy prohibits hidden cameras and any security camera or recording device that monitors a home's interior, even if it is turned off, and requires hosts to disclose exterior cameras in the listing.

No Texas statute lists banned camera locations for short-term rentals. The legal risk follows the same rule as for long-term rentals: a host who records an image of a guest's intimate areas that the guest reasonably expects not to be in public view, or of a guest in a bedroom, bathroom, or other place where a person could reasonably expect to undress in private, without consent and with intent to invade privacy, commits a state jail felony under Section 21.15.

Cameras covering exterior areas, entrances, parking areas, and driveways carry the least legal risk. Cameras in bedrooms, bathrooms, and shower areas carry the most.

Disclosure Requirements for Short-Term Rentals

Texas state law does not have a specific disclosure statute for short-term rental surveillance. Disclosure duties come from platform policies, and disclosing cameras also lowers the risk of a privacy claim. Depending on the platform, hosts may need to:

• Disclose the presence and location of all cameras in the listing description
• Identify whether cameras are active or disabled during guest stays
• Remove indoor cameras entirely where the platform bans them (Airbnb does, even if the device is turned off)
• Inform guests of audio recording capabilities

Hidden cameras in a short-term rental can result in criminal prosecution under Section 21.15 where they record guests' intimate areas that guests reasonably expect not to be in public view, or record guests in a bedroom, bathroom, or similar place where a person could reasonably expect to undress in private, without consent and with intent to invade privacy, as well as civil liability for invasion of privacy and removal from rental platforms.

More Texas 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 a tenant record conversations with their landlord in Texas?

Yes. Texas is a one-party consent state under Penal Code Section 16.02. A tenant who participates in a conversation with their landlord can record it without notifying the landlord. This applies to in-person discussions, phone calls, and electronic communications about repairs, lease terms, or disputes.

Can a landlord put cameras inside a rental unit in Texas?

Not without serious legal risk. No Texas statute flatly bans every landlord camera, but a landlord who records inside a tenant's home without permission can face an invasion-of-privacy lawsuit and trespass or lease claims. Recording a tenant in a bedroom, bathroom, or other place where a person could reasonably expect to undress in private, without consent and with intent to invade privacy, violates Tex. Penal Code Section 21.15, a state jail felony.

Can a landlord install security cameras in common areas of an apartment building?

Yes. Landlords can install cameras in hallways, lobbies, parking lots, laundry rooms, and other common areas where tenants do not have a reasonable expectation of privacy. If the cameras record audio, the one-party consent requirement under Section 16.02 applies.

Can a tenant install a doorbell camera on a rental property in Texas?

Generally yes. Tenants can install doorbell cameras and other security devices for personal safety. The tenant should review the lease for restrictions on modifications, avoid causing damage to the property, and remove the camera upon move-out. Tex. Property Code Section 202.023 limits most homeowners' associations (not condominium associations) from banning owners' security cameras, but it does not override a lease, so a tenant should check the lease and get the landlord's permission.

Can an Airbnb host have hidden cameras in Texas?

Not in private spaces. No Texas statute lists banned camera locations, but recording guests in private spaces like bedrooms and bathrooms without consent and with intent to invade privacy violates Tex. Penal Code Section 21.15, a state jail felony. Disclosure rules come from platform policy, not Texas statute: Airbnb prohibits hidden cameras and any camera that monitors the interior of a home, and requires hosts to disclose exterior cameras. A host who records guests unlawfully can face criminal prosecution and civil liability, and breaking platform rules can lead to removal from the platform.