A landlord installed a security camera in his rental property and the tenant requested the landlord to remove the security camera or let him hold the security camera. However, the landlord refused to cooperate.
What Does the Law Say in BC?
1. Right to Reasonable Privacy and Quiet Enjoyment
Under BC’s Residential Tenancy Act, tenants have the right to reasonable privacy and quiet enjoyment of their rental unit (Section 28(a))
2. Surveillance Inside the Unit Is Generally Prohibited
- Installing cameras inside a tenant’s suite or in private areas—like bedrooms, bathrooms, or windows/balconies—is almost always not allowed under provincial privacy laws, including the RTA and the Personal Information Protection Act (PIPA)
- The tenant retains control and expectation of privacy within their own unit.
3. Common Areas vs. Private Areas
- Allowed (with conditions): Cameras in common areas—such as hallways, building entrances, parking lots, and lobbies—are okay for security, provided they are open and notorious, and tenants are notified of their presence and purpose.
- Prohibited: If cameras are positioned to capture areas unique to a particular tenant—such as their door, windows, or inside the unit—this is considered an invasion of privacy.
4. Case Law & Tenant Advocacy
- A key BC court case—Heckert v. 5470 Investments Ltd. (2008)—resulted in damages awarded to a tenant when a camera installed in a hallway was directed at her door and captured identifiable movements. The court found this arrangement violated her reasonable expectation of privacy
- Tenant advocacy resources affirm that surveillance devices pointing into private spaces or specific units are not acceptable
5. Tenant Steps & Remedies
- Document the camera’s location, time, and context—photos and written notes help.
- Formally request its removal in writing and retain copies of your correspondence.
- If the landlord refuses, file an Application for Dispute Resolution (Form RTB‑12) with the Residential Tenancy Branch (RTB). Attach evidence and request an order for removal or compensation
- You might also consider contacting the Office of the Information and Privacy Commissioner (OIPC) if your privacy is being unilaterally violated.
Bottom Line
- Legality: A landlord installing a camera inside your rental unit or aimed specifically at your private space—without your written consent—is a serious violation of your privacy and tenancy rights in BC.
- Your options:
- Document and formally request removal.
- If refused, file Form RTB‑12 with the Residential Tenancy Branch.
- Optionally escalate with the OIPC if privacy laws are being violated.
Case Laws & Official Orders
Heckert v. 5470 Investments Ltd. (2008 BCSC 1298)
- Facts: A landlord placed a camera in a hallway directly facing the tenant’s door. The camera recorded recognizable faces entering and exiting. The landlord’s stated reason was to deter trespassers; however, the court did not accept this justification.
- Ruling: The court awarded the tenant $3,500 in damages for breach of privacy, finding:
- The tenant had a reasonable expectation of privacy, and the surveillance was intrusive.
- The landlord’s true motive was supervising the tenant, not enhancing security.
- Even after trespassing ceased, surveillance continued unreasonably.
Office of the Information & Privacy Commissioner (OIPC) Ruling — 2023
- A tenant complained after surveillance footage was used by the landlord to accuse her of unlawful subletting.
- The OIPC ordered the landlord to disable the cameras and delete the recordings, citing lack of consent under the Personal Information Protection Act (PIPA).
Notable RTB Rulings on Surveillance Cameras
1. February 2024 — Tenant vs. Other Tenant with Camera
An RTB arbitrator heard a case where a tenant complained that an upstairs neighbor’s security camera invaded their privacy. The camera was positioned outside the unit and videotaped the tenant’s driveway.
- Outcome: The arbitrator ruled in favor of the camera owner, noting the tenant had no exclusive use of the area that was being recorded.
2. October 8, 2024 — Landlord’s Remote Monitoring
A more telling case involved a landlord who remotely monitored a security camera aimed at a tenant’s door and which also allowed visibility inside the unit when the door was opened.
- Outcome: The arbitrator found that this behavior violated the tenant’s privacy rights, constituting a breach of “quiet enjoyment” protected under the Residential Tenancy Act.
3. February 5, 2025 — Tenant-Installed Camera Recording Neighbor’s Door
In a separate instance, a tenant had installed a surveillance camera that inadvertently captured footage of their neighbor’s front door:
- Outcome: The RTB ordered the camera be moved, citing privacy infringement concerns for neighboring units.
Summary of Patterns in RTB Decisions
| Issue | Outcome |
| Cameras in truly common areas (e.g., hallway, driveway) without targeting specific units | Often permitted |
| Cameras pointed toward a tenant’s unit or that permit interior views (landlord surveillance) | Found to violate tenant privacy / quiet enjoyment |
| Cameras installed by tenants but capturing others’ private spaces | Ordered to be relocated if infringing on neighbor privacy |
These outcomes reflect RTB arbitrators’ careful balancing of security needs against the tenant’s right to privacy and quiet enjoyment as per BC’s Residential Tenancy Act.
What You Can Do
If you’re facing a similar situation (landlord-installed camera intruding on your unit), here’s how to proceed:
- Document everything — take photos of the camera, note dates, times, and describe its range/angle.
- Communicate in writing — ask your landlord to remove or redirect the camera.
- File an RTB Complaint — use the RTB-12 Application for Dispute Resolution, including your evidence and request for removal or compensation.
The RTB has already demonstrated its willingness to uphold tenant privacy in analogous cases — particularly when cameras are intrusive or capture private activities.
