It has become fairly commonplace to find Smart doorbells at the entryways of homes these days. Designed as a way to deter package theft and monitor suspicious activity near your door, Ring doorbell cameras are a popular way to increase the security of your home. However, when you are a seller or landlord allowing technical strangers into your home, it can be a bit nerve wracking and therefore tempting to use recording devices to monitor the goings on in your home.
While it is understandable that the security of your property is important to you, there are laws that govern appropriate and acceptable use of audio/visual equipment. As a Realtor and property manager, these devices come up often, along with a lot of questions surrounding their use. Whether you’re a home buyer or seller OR you’re a tenant or landlord, it’s important to know the ins and outs on the rules for audio and visual recordings using doorbell cameras and other devices in real estate sales and rental situations.
Local Law
North Carolina is a 1-party consent state, which means that it is lawful to record a conversation between two people as long as at least one party consents to the recording and both parties are in North Carolina. However, it is unlawful to intentionally intercept (recorded or not) any conversation, recorded or not, without either party’s consent. This means that placing any type of audio equipment inside or outside your home for the purpose of listening in to buyers’ or tenants’ conversations with one another or their agent without consent or either party is illegal. This includes recording devices with recording capability, as well as without, such as baby monitors or walkie talkies. Hoping to eavesdrop on what those potential buyers think of the bathroom remodel? Nope! That’s a no go.
Security cameras are permitted for visual purposes only, but should be utilized in a way that doesn’t invade the privacy of those on camera. If cameras are used during showings of a home for sale, there should be no audio turned on during recordings and camera placement should be limited to living spaces and outdoor areas, rather than bathrooms. Use good judgement.
Security cameras at rental properties should be installed in outdoor locations only for the purpose of preventing theft and break ins and not to monitor the comings and goings of tenants. Ring doorbells are permitted, but should record only the property where it is located and not be positioned in a manner that intentionally records other homes. Yes, you may view another property in the periphery, but it should be apparent that it is not intentional or a main focus.
So what does this all mean to you?
For Sellers
If you absolutely must place a security camera in your home, do not record any audio, as this could subject you to fines and even jail time. Yikes! Be mindful of the privacy of your potential buyers and resist the temptation to listen in on conversations that aren’t intended for your ears. There are appropriate avenues in place for requesting feedback from potential buyers. If you have a Ring doorbell, consider signage disclosing that visitors are being recorded, especially if you plan to keep audio recording capabilities turned on, so that visitors can make informed choices about their communications. The audio feature can be turned off, which may be advisable so as not to violate any laws.
For Buyers
Always assume you are being recorded! While your agent is unlocking that door, it is NOT the time to voice your opinions about the landscaping or the color of the front door…good or bad! Pipe down, put on your poker face, and save it for the car ride home. Be mindful of what you say within earshot of Ring cameras and security cameras. Even if you cannot see a camera, it is wise to save private conversations about a home you are considering purchasing for a later time when you are not on property.
For Landlords
Always disclose any security cameras and their locations to tenants. Consider signage informing visitors that they are being recorded. Also consider disabling the audio recording feature, as audio is more heavily regulated. In addition, it is important to disclose the presence of cameras in any marketing of the property, such as listings on rental platforms and websites. Potential tenants should be made aware of Ring doorbells and other security cameras upfront, as this may influence their decision to rent your property.
Are Ring cameras and security cameras a deterrent for tenants? It is really a personal preference, and it depends. While some tenants might shy away from a property that discloses security cameras on property and view them as an invasion of privacy, others might see such devices as increased security for peace of mind. It is imperative that they are installed and used for security purposes only, as tenants are entitled to a reasonable expectation of privacy. It also would be a smart CYA move to disable any and all audio recording features to protect yourself from litigation. Pay attention to feedback from your potential and past tenants…creepy or extra precaution…it could really go either way.
Keep in mind as well that as technology advances, laws are always changing to catch up. Legislation will always be a bit behind technological advancements, so be cautious and stay in the know when it comes to new legislation regarding such devices.
As a Realtor and property manager in the Charlotte/Lake Norman area, I am happy to chat with you about your real estate needs. Are you thinking about selling? Looking for an investment property? Need a vacation rental on the lake? I’d love to help you reach your goals with a plan that meets all your needs! Give me a call…704-792-8768 or email me at [email protected].
