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Security Cameras in Your Vacation Rental: What You Need to Know

- Rob Swan, Qualifying Broker, Swan Realty

(For Vacation Rentals in Red River and Angel Fire, New Mexico)

Over the last few years, security cameras have become a common fixture in most homes, including vacation rentals throughout Red River and Angel Fire, New Mexico. However, there is a big difference between having security cameras in your personal home and having them in a home you rent to others. Balancing the need to monitor your asset must be done carefully with respect to the guest’s expectation of privacy and the law.

Guest Privacy and Exclusive Occupancy In A Vacation Rental

The moment a guest takes possession of a vacation rental, they have what is referred to as exclusive occupancy, which gives them the exact same rights to privacy that you as a homeowner have in your own personal residence and you have to make sure that this expectation of privacy is not intentionally or unintentionally violated. Having some understanding of the law will help you in deciding where you should and should not place security cameras. 

New Mexico’s Voyeurism Statute

New Mexico’s voyeurism statute (NMSA 1978, § 30-9-20) clearly states that it is “unlawful to use any device to view, photograph, or record a person’s intimate areas or when they have a reasonable expectation of privacy.”

Penalties can include fines and up to 18 months in jail, and this is just the criminal side. On the civil side, the perpetrator could also be sued under common law privacy torts. We don't want anyone to go to jail or get sued, that would take all the fun out of owning a vacation home. 

Understanding Expectation of Privacy

The law looks at privacy in terms of reasonable expectations. For example, there would be a much higher degree of expectation of privacy for rooms within a house than for outdoor areas. Here is a rough guideline:

Examples of privacy expectation levels:

How to Avoid Privacy Violations

As a vacation-home owner, what should you do in order to avoid privacy violations and penalties?

• Do not install cameras anywhere that has more than a "Low" expectation of privacy.

• Disclose within the rental agreement where each camera is located and the purpose for its use. Some sample language could be as simple as " An exterior security camera is installed at this property that monitors the front portion of the home and entrance area only, serving as a security measure"

• Even if a camera is in a “Low” expectation area, ensure it is not pointed toward areas with higher privacy expectations such as hot tubs, bedroom windows, or interior spaces.

These disclosures not only help protect you legally but also reassure guests who value transparency when choosing where to stay.

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Liability for Property Managers and Owners

Property management companies, could face the same criminal and civil penalties as the property owner if they know or should have known about security cameras that violate privacy laws.

This is particularly important in our area, where many homes are rented seasonally and managed by third-party companies. Property owners should ensure that all devices are disclosed, properly located, and legally compliant.

The Bottom Line

While security cameras can be a valuable tool for protecting your vacation rental property, they must be used responsibly and within the bounds of the law.

The key is to respect your guests’ privacy rights by limiting camera placement to exterior, low-expectation areas like driveways and front entrances, while always providing clear written disclosure in your rental agreement.

Remember: the potential legal consequences, both criminal and civil, far outweigh any perceived benefits of monitoring private spaces. When in doubt, consult a local attorney familiar with New Mexico privacy and landlord-tenant laws.

A well maintained property with transparent security practices not only keeps you compliant but also builds trust, positive reviews, and repeat bookings.

About the Author

Rob Swan is the Qualifying Broker and Owner of Swan Realty LLC, with offices in Red River and Angel Fire, New Mexico.
He also operates Red River Nightly Rentals, the vacation-rental management subsidiary of Swan Realty.

With over two decades of experience in real-estate sales, property management, and short term rental compliance, Rob Swan and his team have developed extensive expertise in managing vacation homes responsibly and legally.
Their mission is to help homeowners maximize rental performance while maintaining the highest standards of guest satisfaction, privacy, safety, and transparency.