Airbnb Hidden Cameras: Protecting Your Privacy and Pursuing Legal Action in Nevada

What Constitutes an Invasion of Privacy in an Airbnb?

You have a reasonable expectation of privacy when staying in a short-term rental property, such as an Airbnb. Property owners can install security cameras in common areas, such as parking lots or lobbies; however, renters have a right to expect privacy within their individual units. Property owners risk legal action for violating guest privacy if they place cameras near bedroom or bathroom windows or anywhere inside the rental accommodations.

The right to privacy also prohibits property owners from entering the unit while it’s rented unless there’s an emergency, such as a fire. Otherwise, the landlord must comply with state laws and provide at least 24 hours’ notice of their intent to enter the unit. Those staying in hotel rooms also have a right to privacy; however, violating hotel policy, failing to check out on time, or suspected illegal activity are grounds for staff to enter hotel rooms. 

Airbnb property owners are required to inform their guests about the presence of cameras in common areas. Illegal surveillance in an Airbnb is grounds for a legal claim because guests have the right to privacy in their rental.. Failing to disclose the presence of cameras or placing cameras inside the unit is grounds for a premises liability case for criminal acts in an Airbnb, as it constitutes a violation of Nevada law and prevents renters from feeling secure in their accommodations. 

Nevada Privacy Laws and Premises Liability 

In addition to adhering to state and county regulations for short-term rentals, Airbnb property owners must also comply with privacy laws applicable to short-term rentals. 

Nevada privacy laws prohibit Airbnb property owners from photographing or filming guests without their consent. To do so constitutes a breach of privacy and a violation of Nevada laws, giving Airbnb guests who are subjected to unlawful surveillance grounds to pursue a lawsuit for these issues. 

Premises liability laws in Nevada require Airbnb hosts to provide guests with accommodations that are safe, secure, and in compliance with state laws and local regulations. An Airbnb property owner who fails to provide a safe environment is liable for the harm experienced by their guests. 
Under the state’s privacy laws, property owners may be liable if they are aware of illegal surveillance cameras and fail to remove them, if they place cameras in prohibited spaces, or if they fail to inform guests about cameras in permitted spaces. Airbnb may also be liable for failing to enforce its camera and recording device policies. Criminal charges could also be warranted, depending on the circumstances of the case.

Review our premises liability legal resources.

Airbnb’s Camera Policies: Broken Promises and Inconsistent Enforcement

Although Airbnb now prohibits property owners from placing cameras inside rental accommodations or outdoor areas where guests may expect greater privacy, guests are still vulnerable to security risks. In 2023, an Airbnb representative admitted the company had received 35,000 customer service tickets about surveillance devices in Airbnb rentals since December 1, 2013. 

Airbnb’s opposition to policies that protect guests is one reason many believe that Airbnb is more concerned with its image than with protecting guests’ rights to privacy. Airbnb does not run background checks on all hosts and does not require employees to report the presence of illegal recording devices. 

While people typically associate Airbnb premises liability claims with Airbnb accidents and injuries, illegal surveillance can also create Airbnb guest injury liability. Victims can file lawsuits against Airbnb for negligence and sue Airbnb for damages. Victims can also contact law enforcement officers to address illegal surveillance. Local law enforcement is familiar with applicable laws and can take legal action against Airbnb and Airbnb hosts who violate those laws. 

What To Do if You Discover a Hidden Camera in Your Airbnb

Taking appropriate steps after discovering hidden cameras in your Airbnb can protect you from further privacy violations and ensure you have the evidence needed to file an Airbnb lawsuit in Las Vegas or elsewhere in Nevada.

Step 1: Secure Yourself and Document Everything

If you find hidden cameras, take photos or videos and document their existence and location. Make note of any relevant details; having more information about the recording devices will strengthen your case. 

Do not touch, remove, or destroy the cameras; doing so would be destroying evidence.

Once you’ve documented the existence of the hidden cameras, leave the property. 

Step 2: Contact Local Law Enforcement and File a Police Report 

Contact local law enforcement officials to ensure they conduct a thorough investigation. They can secure a search warrant to gather evidence that can be used if you file a lawsuit. Law enforcement officers will complete a police report, which is another critical piece of evidence you can use if you file a claim. 

It’s crucial to note you may have grounds to file a civil lawsuit, whether or not criminal charges are filed. 

Step 3: Report the Incident to Airbnb 

Once you have removed yourself to a safe location and contacted the police, you should use Airbnb’s platform to report the presence of the recording device. Your report is part of the chain of evidence and is a crucial step in ensuring that the same hosts do not continue violating other guests’ privacy. 

Step 4: Seek Legal Counsel From a Personal Injury Attorney

Consult an experienced Airbnb personal injury attorney to discuss your case. Experienced legal teams can provide detailed, tailored legal advice to address your specific situation. You may not realize the extent of the potential privacy violations. Since premises liability and privacy laws are complex, most people lack the necessary knowledge and skills to cope with the aftermath of discovering illegal recording devices. 

Although Airbnb may offer to refund you for your stay if you do not take legal action, you may have grounds for additional compensation. Pursuing a lawsuit and notifying the police could also ensure any recordings are recovered so that you do not have to worry about further violations. 

Grounds To Sue for Compensation

The following are grounds to file a civil lawsuit and seek compensation if you find hidden cameras in your Airbnb:

• Invasion of privacy: You had a right to expect privacy, and your right was violated by unlawful surveillance.
• Negligence: In a privacy invasion case, negligence refers to the property owner and Airbnb’s obligation to protect guests by ensuring their rights are respected. Grounds for negligence include failing to conduct background checks on Airbnb hosts, disregarding prior complaints about surveillance devices, and failing to inform guests about the presence of cameras in common areas. 
• Emotional distress: Emotional distress is crucial when filing a legal claim related to the use of illegal recording devices. Finding out that someone used a camera to record you showering, changing clothes, or engaging in intimate moments is traumatic. For some, it may trigger a phobia of staying in rental accommodations. Others may suffer from anxiety, depression, or post-traumatic stress disorder (PTSD). The emotional distress victims suffer constitutes personal harm. 

If your privacy was violated with illegal recording devices, you can seek the following types of compensation:

• Economic damages: Economic damages involve reimbursing the victim for any expenses incurred as a result of the violation, such as the cost of renting alternative accommodations.
• Non-economic damages: These damages compensate victims for mental and emotional damage, such as anxiety, depression, emotional distress, and PTSD. 
• Punitive damages: Courts award punitive damages to victims in cases involving extreme misconduct. These damages are intended to deter defendants and others from engaging in this behavior. 

Hidden Cameras in the News: Notable Lawsuits and Case Studies 

Examples of real incidents involving illegal surveillance of Airbnb guests include the following:

• Maryland: A Silver Spring Airbnb host’s twin brother was arrested for placing cameras in smoke detectors. 
• South Carolina: In a 2025 ruling, a case involving allegations of illegal recording and voyeurism in South Carolina is going to trial. 
• Texas: Superhost Jay Allee was charged and pleaded guilty to illegally recording guests with a hidden camera. Thousands of images of guests, including those of children, were discovered.

There are multiple other claims of illegal recording at Airbnbs throughout the U.S., including cases in Alaska, Arizona, California, Florida, New Jersey, North Carolina, Tennessee, and Wisconsin.

Why You Need an Attorney from Adam S. Kutner, Injury Attorneys

Pursuing a lawsuit after finding a hidden camera in an Airbnb can be overwhelming. Seeking legal advice from an experienced attorney ensures you receive expert legal counsel. Adam S. Kutner, Injury Attorneys, are Nevada’s leading privacy invasion attorneys, with extensive experience fighting for those whose right to privacy has been violated. Our legal team is well-versed in Nevada’s privacy laws and understands how to gather the necessary evidence to support a lawsuit against Airbnb and the property owner. 

We understand how sensitive and traumatic these cases can be. Our team will protect your privacy while working to secure the compensation you deserve.

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