Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation. Laws change over time and you should seek counsel to discuss any specific legal questions.
Smart home technology, including thermostats, door locks, cameras, and voice assistants like Alexa, can collect far more than just ambient data. These devices may capture behavioral habits, movement patterns, and, in some cases, snippets of private conversations — especially if audio recording features are enabled.
Because of that, Arizona landlords and tenants must tread carefully. Under Arizona’s wiretap law, A.R.S. § 13-3005, it is unlawful to intercept oral or electronic communications unless the person is a party to the communication or has obtained consent from at least one party involved. Similarly, federal law, particularly the Wiretap Act, part of the Electronic Communications Privacy Act (ECPA), prohibits the intentional interception or use of wire, oral, or electronic communications without at least one party’s consent, and imposes serious civil and criminal penalties for violations.
Tenants in Arizona have a well-established legal right to privacy in their homes. This right is supported by the Arizona Residential Landlord and Tenant Act (ARLTA) and long-standing common law protections against unreasonable intrusion. When landlords install smart devices, they walk a legal tightrope. They should ensure clear lease terms, obtain explicit tenant consent, and strictly avoid placing any surveillance or recording devices in areas where tenants have a heightened expectation of privacy — such as bedrooms and bathrooms.
Tenants can also take proactive steps. They can negotiate data-sharing limits, opt out of certain device features, and hold landlords accountable if those boundaries are crossed. And with the increasing use of AI-based tenant screening systems, there is a growing risk of data misuse and potential housing discrimination, something both landlords and tenants should be aware of.
Here are some of the key details landlords and tenants need to know about smart home technology and privacy rights in Arizona.
Introduction to Smart Home Technology in Rentals
Defining Smart Home Devices
Smart home devices in rental housing include Wi-Fi-enabled locks, smart thermostats, motion sensors, indoor cameras, lighting systems, and voice assistants like Google Home or Amazon Alexa. These tools are marketed as convenience-boosters, but in practice, they often collect a continuous stream of data about the activities inside a rental unit, sometimes with or without the tenant’s full awareness.
For landlords, smart technology offers potential benefits: lower utility bills, streamlined maintenance, and enhanced security. But for tenants, the same systems can introduce serious concerns about privacy, consent, and data control, especially when surveillance devices are installed or controlled by someone else.
Adoption Trends in Arizona
Across Arizona, smart home tech is rapidly shifting from a luxury feature to a standard expectation. Landlords increasingly install smart locks, security cameras, and thermostats during turnover renovations or as a way to attract tech-forward tenants. At the same time, many tenants are adding their own devices, including doorbell cameras, smart sensors, and connected lighting, to increase personal security and comfort.
Ownership and access issues become even more complicated when both landlord and tenant install smart tech within the same unit. These situations may require clear lease terms, documented consent, and written policies to ensure neither party oversteps legal boundaries.
Federal Privacy Framework
Electronic Communications Privacy Act (ECPA)
The Electronic Communications Privacy Act (ECPA) is a federal statute that prohibits the intentional interception, use, or disclosure of wire, oral, or electronic communications without proper legal authority or the consent of a party to the communication. This could include not only voice recordings and messages but also data transmitted through smart thermostats, security cameras, smart locks, and other connected home devices.
If a landlord installs a smart home system that captures or transmits tenant data, such as a doorbell camera with a microphone or a smart thermostat that detects presence, and accesses that data without the tenant’s informed consent, they may risk violating federal law.
In a rental context, landlords are typically not present during tenant communications, meaning they may not be able to rely on the one-party consent rule to justify surveillance.
Violations of the ECPA can result in significant penalties.
Arizona State Privacy Protections
Consent to Recording
It is unlawful under Arizona law to intentionally intercept a conversation or electronic communication without the consent of at least one party. In most landlord–tenant scenarios involving smart devices, the landlord is not a party to tenant conversations and is not present during recordings. That means any audio recording without tenant consent, even if incidental, may be criminally unlawful under Arizona’s wiretap statute.
Surreptitious Photography and Videotaping
Arizona law also criminalizes surreptitious recording in private areas, such as bedrooms, bathrooms, and dressing areas. Under A.R.S. § 13-3019, it is unlawful to install or use any device for visual surveillance in areas where people have a reasonable expectation of privacy, regardless of whether sound is also captured.
Arizona Residential Landlord and Tenant Act (ARLTA)
The ARLTA provides tenants with the right to privacy and quiet enjoyment of their rental unit. It also restricts how and when landlords can access the premises.
Under A.R.S. § 33-1343, a landlord may only enter a tenant’s dwelling with at least 48 hours’ written notice, and at a reasonable time, unless it’s an emergency.
Installing, inspecting, or adjusting smart home devices inside a rental unit, including thermostats, cameras, or smart locks, may qualify as an “entry” under ARLTA. Landlords cannot legally stop by to check the smart tech without following the notice and timing requirements.
Lease Drafting and Consent Mechanisms
Smart-Tech Addenda
If smart devices are installed in the rental, the lease should clearly identify each device and its function. Landlords should obtain informed, written consent for any device that collects data, especially if it records audio, video, or occupancy information. A well-drafted addendum can help ensure clarity and reduce risk.
Data Security and Third-Party Risks
FTC and Industry Guidance
The Federal Trade Commission (FTC) encourages incorporating privacy by design in smart home systems. This means limiting data collection to what is necessary, using secure transmission and storage practices, and offering clear options for user control. While not a binding legal standard, following FTC guidance may help demonstrate reasonableness in the event of a legal dispute.
Vendor and Platform Selection
Landlords should choose reputable device vendors that offer end-to-end encryption, access logging, and clear privacy policies.
Tenant Rights and Remedies
Breach of Privacy Claims
If a landlord installs or uses smart devices without valid consent, or places them in areas where tenants have a reasonable expectation of privacy, tenants may pursue claims under Arizona law.
Lease-Based Remedies
Violations may also support claims for breach of contract or breach of the covenant of quiet enjoyment. Tenants may bring actions to pursue their rights and enforce lease terms.
Emerging Issues in AI and Tenant Screening
AI-driven tenant screening tools can evaluate a range of data points and these systems may inadvertently introduce unintended bias. If a tool disproportionately impacts applicants based on protected characteristics such as race, national origin, age, or disability, landlords may face scrutiny or liability under the federal Fair Housing Act and similar state laws.
Best Practices for Landlords and Tenants
For Landlords:
- Clearly identify each smart device in the lease, including its function
- Obtain informed, written consent for every device that collects or records data
- Avoid installing devices in private areas like bedrooms and bathrooms
- Use secure platforms and restrict access to authorized individuals only
- Train all staff and property managers on privacy risks and applicable laws
For Tenants:
- Carefully review any smart tech provisions in the lease; negotiate when needed
- Ask to opt out of features that track movement, audio, or video
- Request device access logs or documentation of how data is used
- If something feels intrusive or unclear, consider consulting a lawyer before signing
How Gottlieb Law Can Assist
Policy Drafting: We can help landlords write tech-specific lease addenda that protect tenants’ privacy in the process.
Dispute Resolution: Whether you’re a tenant dealing with unauthorized surveillance or a landlord facing privacy claims, our team is ready to help.
Litigation and Defense: Whether it’s a privacy dispute, lease violation, or other legal conflict, we manage the litigation process from start to finish.
Fair Housing: We evaluate screening tools and help draft nondiscrimination policies that stand up to legal scrutiny.
Thinking about adding smart tech to your lease—or concerned about how it’s being used? Gottlieb Law assists clients with all aspects of Arizona Landlord–Tenant Law.
Work With Gottlieb Law Today
Whether you’re outfitting a rental unit with smart locks or trying to figure out why your living room camera keeps blinking, the legal line between security and surveillance is sharper than ever. Gottlieb Law can make sure your rights are protected and can assist with a wide range of landlord tenant issues.
Call our firm today at 602-899-8188 or schedule a consultation online with Gottlieb Law and get clarity on your smart home technology in rental properties today.
Gottlieb Law, PLC provides this article for information purposes only and nothing herein creates an attorney-client relationship. You should not take any actions in reliance on any of the information contained herein without consulting with qualified legal counsel first and reading this article is not a proper substitute for seeking legal advice of your specific situation. Laws change over time and you should seek counsel to discuss any specific legal questions.
