Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
So I have a 3 flat with 1 tenant who is just causing problems. They are all in leases till June and he pays, so nothing I can do. But for the last 6 weeks it has been one thing after another and recently he thinks someone stole his laundry from the laundry room. So I talked to everyone and did set laundry days for each unit to solve the problem. Today is his day and there is now a camera in the laundry room with a note that says "you are being recorded."
Putting aside the sheer pettiness of this drama - is this legal? The laundry room is off the first floor unit at their back door. They are concerned specifically if it records audio, which is a valid concern. I am obviously going to talk to him about it but wanted to know my position first.
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
5y
@Brie Schmidt if there are issues over disappearing laundry, it is probably good if there it a camera there. That being said, the camera should be viewed and controlled by you as the property owner. That way you can monitor his behavior too. I would tell him that he needs to remove the camera and you will install one instead. Just ask permission to use one of your tenants wifi. Let them know you will only review footage if damage or theft is reported. There should be no expectation of privacy in common areas of multifamily.
Property Manager · Roselle, IL (Chicago Suburb) · Member since 2013 · 2k+ posts · 1k+ votes
5y
@Brie Schmidt I would be curious to the legal point of view but my thoughts would be he just cant do it because it could be used for things that is not security and of course you never gave permission. If you are confident no one else is stealing and maybe he is just creating drama then maybe suggest maybe "listen you are welcome to sit there for the load but I cant have you recording it.
You can also give him permission to place something like this on their when he is doing his load. I saw a tenant do these once. They are cheap and loud.
Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
5y
@Mark Ainley - I am obviously going to talk to him about it, but I also have no idea what the legal implications are of this. I can't imagine it is allowed. 2 of the 3 tenants installed cameras in their homes in the last few weeks because of the drama going on
I'm going to guess someone's rent is not being renewed.
If he's causing problems and is in violation of the lease, you can evict him.
He is in a lease till May 2020 - so I have almost a year and a half left. I have talked to him about moving out early, as the drama has been ridiculous and he said he will start looking soon. My other tenants have been there 4 and 6 years and we never had any problems. I thought they hashed it out the other day and everything was good until I get a picture of the camera and note last night
I'm going to guess someone's rent is not being renewed.
If he's causing problems and is in violation of the lease, you can evict him.
He is in a lease till May 2020 - so I have almost a year and a half left. I have talked to him about moving out early, as the drama has been ridiculous and he said he will start looking soon. My other tenants have been there 4 and 6 years and we never had any problems. I thought they hashed it out the other day and everything was good until I get a picture of the camera and note last night
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
5y
@Brie Schmidt if there are issues over disappearing laundry, it is probably good if there it a camera there. That being said, the camera should be viewed and controlled by you as the property owner. That way you can monitor his behavior too. I would tell him that he needs to remove the camera and you will install one instead. Just ask permission to use one of your tenants wifi. Let them know you will only review footage if damage or theft is reported. There should be no expectation of privacy in common areas of multifamily.
Looking at this as if I was currently renting property from you.
Personally, I would not be a fan of your camera or his camera on someone other than your (the owners) WiFi. Whoever’s WiFi the camera is connected to will have full control and if they wanted... turn off (steal clothes) the camera. That’s why I wouldn’t want it on any WiFi other than yours, the owner.
Brainstorming:
Is there a way to have a locking system where tenants can attach a lock (supplied by you - so you have a key if needed) to the washer and dryer so only they can open it on there days?
Attorney · Northbrook, IL · Member since 2017 · 719 posts · 549 votes
5y
@Brie Schmidt Cameras are allowed in the common areas of a building, however they should never be directed towards the door of a unit as that can be viewed as an invasion of privacy and quiet enjoyment of the unit. The tenant is correct that your other tenant having footage of the back door of their unit is inappropriate and a form of harassment. I'd tell him to take it down and you will install your own camera that abides by privacy laws.