A user on TikTok has sparked a discussion about rental privacy after their joke video went viral.
In a clip with over 9.9 million views, TikTok user Isa (@vompyre) writes, “pov: your landlord installs a kitchen camera and you only see an opportunity.”
The video then shows someone holding a phone up to the camera. The phone is displaying an image of an inflated Sonic the Hedgehog, a reference to a copypasta in which users would attempt to get readers to look up fetish images of the video game character by searching for the phrase “sonic inflation.”
@vompyre lawful evil #urmom ♬ original sound – isa
While the focus of Isa’s video was the joke, users were taken aback by the idea of having a landlord-controlled camera in your kitchen, with many questioning the legality of such a practice.
“Ummmmmm that’s illegal,” wrote one user.
“Introduce them to a lawsuit,” shared another.
Isa responded to comments like these with another video saying that they had agreed to be filmed in common spaces in their rental contract. As this was an SRO with a shared kitchen, the kitchen counted as one of those common spaces.
@vompyre Replying to @lex_is_c00l ♬ original sound – isa
In a later video, Isa noted that they live with 30 other people, so the kitchen does not have an expectation of privacy. They also noted that they plan on moving out of the housing in 2 months, so they are not terribly concerned about the issue.
The Daily Dot reached out to Isa via Instagram direct message for more information.
@vompyre Replying to @yoitzheather ♬ Blicky – Fresh X Reckless
Despite these videos, many users still questioned the legality of putting cameras in the apartment. While Isa posted another video explaining the landlord’s legal basis for doing so (including the fact that Isa has been aware of the cameras since signing the lease), the legal basis of this action should be explained.
In California, landlords “cannot use video cameras to record in such a manner that intrudes on a person’s reasonable expectation of privacy. An example of this might be directing a camera toward a neighbor’s bedroom window,” writes the East Bay Rental Housing Association.
“…Recording a common area or a public area, such as a common hallway or walkway, is generally permissible since a person typically does not have a reasonable expectation of privacy in those areas,” the association continues.
If a landlord were to put the cameras in a space where tenants had a reasonable expectation of privacy, they could be in violation of California Penal Code 647(J). However, given that this space is a communal kitchen in which tenants can come and go as they please, it is unlikely that this area would meet the definition of a private space.
That said, there are limitations on what a landlord can do with this footage.
“Footage gathered by [landlords] in common spaces cannot be used to monitor a tenant’s activities, loyalty to the lease, or any other personal detail,” writes RentPrep. “Using the footage to gather any information about the tenant about their personal life is considered harassment and punishable by law.”
Even if the practice is legal, many users on TikTok said they would be uncomfortable with such an arrangement, with some saying they would find—or have found—ways to circumvent it.
“I’ve been in this situation girl, its legal but i just messed with the camera till i left,” alleged one commenter.
“Card board cut out would be right in front of it 24/7,” stated a second.
