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  1. #1
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    May 2016
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    Default Can You Break a Lease if You Find a Hidden Camera on the Premises

    My question involves landlord-tenant law in the State of: Texas. We found a hidden camera in the air vent in the master bathroom of a home we are renting. We gave the landlord notice that we are leavin. Because of this and he says we have to pay an early termination fee. Should we be legally obligated to pay this due to this invasion of privacy? Do we have a leg to stand on?

  2. #2
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    Default Re: Hidden Camera Found in Rental

    You probably have a leg to stand on. If the camera was in a "common area" where there is limited or no expectation of privacy, probably ok. Since the camera was in a vent in a bathroom where there is absolutely an expectation of privacy, the landlord is probably in a bad position. You've taken pictures of the camera I'm assuming? My advice would be to not pay any termination fees and simply leave. Did he give you any answer or rationale as to why the camera was there? Did you know about the camera before signing the rental agreement?

  3. #3
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    Default Re: Hidden Camera Found in Rental

    We did not know about the camera. I discovered it accidentally when putting some things in the attic. I've made a police report and the camera is now been taken as evidence. The landlord claims to have no knowledge of it being there. I just don't want anything going against our credit. We have 700+ scores and can't afford to take a hit and have something go to collections. Nothing in our contract said anything about cameras

  4. #4
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    Default Re: Hidden Camera Found in Rental

    Quote Quoting Brad Belser
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    We found a hidden camera in the air vent in the master bathroom of a home we are renting. We gave the landlord notice that we are leavin. Because of this and he says we have to pay an early termination fee. Should we be legally obligated to pay this due to this invasion of privacy? Do we have a leg to stand on?
    Quote Quoting Brad Belser
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    The landlord claims to have no knowledge of it being there.
    If you can prove that the landlord knew or should have known that the camera was present, you are in a good position to argue that the landlord's breach of your rights as a tenant justifies your breaking your lease. If you cannot, the situation becomes more complex. Your apparent suspicions about your landlord, even if well-founded, are not of themselves sufficient to keep your landlord from reporting your default on your lease or non-payment of an early termination fee to a credit reporting agency.

    You found a camera. One would reasonably infer that this is some type of digital camera. Was it connected to power? If it is a wifi camera, was it connected to the Internet such that it could broadcast? If not, who would have had access to the attic space and how long ago were the last images recorded before the media became full? Have the police determined anything about the camera, its placement, or any other details that might clarify when and by whom the camera was placed above the bathroom?

  5. #5
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    Default Re: Hidden Camera Found in Rental

    Quote Quoting Mr. Knowitall
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    If you can prove that the landlord knew or should have known that the camera was present, you are in a good position to argue that the landlord's breach of your rights as a tenant justifies your breaking your lease. If you cannot, the situation becomes more complex. Your apparent suspicions about your landlord, even if well-founded, are not of themselves sufficient to keep your landlord from reporting your default on your lease or non-payment of an early termination fee to a credit reporting agency.

    You found a camera. One would reasonably infer that this is some type of digital camera. Was it connected to power? If it is a wifi camera, was it connected to the Internet such that it could broadcast? If not, who would have had access to the attic space and how long ago were the last images recorded before the media became full? Have the police determined anything about the camera, its placement, or any other details that might clarify when and by whom the camera was placed above the bathroom?
    It's a wireless camera. It was connected to power in the attic. It operates on 2.4ghz which is the same broadcast as wifi. I don't know who put it there, why it's there or anything else. All I know is that I didn't put it there, I didn't agree for it being there, and I am not okay with the whole situation. Our landlord has given several contractors access to the whole while we are not present to make various repairs. So there's really no telling. I just want to know what I can do. I'm not going to pay money out to go to court. I just want to be out of this house and away from these people whom I do not know if I can trust.

  6. #6
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    Sep 2013
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    Default Re: Hidden Camera Found in Rental

    Quote Quoting Brad Belser
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    I just want to be out of this house and away from these people whom I do not know if I can trust.
    Can't say I blame you at all.

    If was a wireless camera emitting a wifi signal, the police will be able to trace that signal to whatever it was broadcasted to. This will take time, however.

    If you were looking to leave immediately, you can expect this scum bag to seek a small claims court claim.

  7. #7
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    Default Re: Hidden Camera Found in Rental

    Quote Quoting Brad Belser
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    I just want to know what I can do. I'm not going to pay money out to go to court. I just want to be out of this house and away from these people whom I do not know if I can trust.
    Your simplest option is to leave. Give notice that you intend to leave specifically stating that the mitigating circumstance of finding a hidden camera is prompting your action. Leave. Then wait. The landlord can choose to sue you for the early termination fee and you may be summoned to small claims court. In that event, you will need to defend yourself by arguing that you found a hidden camera in your bathroom that you were not made aware of prior to signing the lease agreement.

  8. #8
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    Default Re: Hidden Camera Found in Rental

    I don't know who put it there,
    Then you have a BIG problem if you break your lease and move out.

    It's entirely possible that a former tenant installed the camera.

    I just want to be out of this house and away from these people whom I do not know if I can trust.
    Sorry, but that's not a very rational reaction to the situation. From a practical standpoint it's more likely that a previous tenant installed the camera because I can't imagine the purpose for a landlord to put one in just the one bathroom. Granted, he could be Norman Bates, but that's unlikely.

    Do you have other issues with this landlord that's causing this reaction? I sense that you do.

  9. #9
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    Default Re: Hidden Camera Found in Rental

    Quote Quoting Pringle
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    If you were looking to leave immediately, you can expect this scum bag to seek a small claims court claim.
    A little quick to judge? The landlord may legitimately have nothing to do with this. If there have been multiple contractors in the home without proper supervision, one of them could have done it. A previous tenant could have done it.

  10. #10
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    Default Re: Hidden Camera Found in Rental

    Wireless cameras that do not connect to a wireless router must typically be accessed by somebody in relatively close proximity to the camera. You seem to be stating that the camera was not connected to the Internet, so the question is raised of how far that camera can broadcast before its signal becomes undetectable. Wireless cameras have a limited broadcast range, such that to pick up their signal the person receiving the transmission would need to be in close proximity to the camera. A 2.4 GHz camera will generally not transmit beyond 700 feet (unless there's clear line of sight), with that distance being significantly reduced by obstacles such as walls or windows. A 2.4 GHz camera's signal is also susceptible to interference from home electronics and mobile devices.

    Did the police attempt to measure the points from where the camera's signal could be detected, and if it could be detected at all from outside of the home? That sort of analysis can help clarify whether the camera was (or could have been) used by somebody outside of your home, or if it was likely placed by a former tenant who used it to monitor activity from within the home.

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