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

UPDATED: Oct 13, 2014

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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