Can my roommate install cameras and film inside the common areas without my consent?

Or the bank’s permission since the house was foreclosed before he installed the cameras?

Asked on October 13, 2014 under Personal Injury, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the roommate has equal or superior rights to you--that is, he or she is a co-tenant with you; is a co-owner of the home; or is actually either the owner or main tenant while you lease or sublease from him or her--then he or she has the right to install non-audio video cameras in common areas without your consent. (Obviously, they cannot be installed in private areas--bedrooms or bathrooms.)

If you have superior rights to your roommate--e.g. you were the home's owner or the main tenant, and he or she lease or sublet from you--then they cannot do this.

You say the house was "foreclosed"--since you're still living there, presumably, the foreclosure process is not complete and the bank has not acquired or sold the house at a sheriff's sale. Until the process is complete, whomever owned the home still owns it; the bank has a security interest or lien, but no actual title or ownership or possessory rights. After foreclosure is complete, the bank can start removing you; once you and your roommate have been legally removed (even if you haven't physically left you), there will be no right to do anything to the home.


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