What does your lease agreement say about landlord tenant communication? That is first place to look for guidance.
If all communication was in writing, it would make the legal processes much easier to adjudicate--if you are afraid to put communication in writing for fear of doing something wrong, hire an attorney to help you construct your documents so they give no offense to CA state law and do not expose you to liability.
FWIW, if I were tenant to a landlord who refused to put anything in writing, I would suspect he/she did not know what he/she was doing and/or intended to skirt the laws whenever possible, and I would find another place to live.
If the communication with the tenant is regarding basic tenant issues it does not need be in writing. Yet, it is good for you, the landlord, to have written documentation of your communication if disputes arise. For example, if the tenant is complaining about habitability issues and you have written documentation of your attempts to address such issues this will help in court.
Be careful not to contact tenants in person or via telephone in matters not regarding the tenancy or too frequently as a tenant might bring a suit for harassment.
Some communications must be in writing. For example, you must provide written documentation of all deductions from the tenant's security deposit within 21 days after move out. Also, 3-day pay or quit and other notices of eviction must be in writing. Finally, notices of landlord's intent to enter the premises must be in writing.
From a non-legal stand point if the landlord-tenant relationship has become strained to the point where the tenant is threatening to record every communication it may be time to evict the tenant and find a better tenant. If the tenant is current on all rental payments, has not breached any terms of the lease and is on a month to month lease, then a 30-day notice is required to evict a tenant who has occupied the property for less than one year and a 60-day notice is required to evict a tenant who has occupied the property for more than one year. If the tenant fails to comply with the terms of the notice, a subsequent unlawful detainer lawsuit must be filed to successful evict the tenant.
Marcus W. Morales, Esq.
Law Offices of Marcus William Morales
115 W. Mission St.
Santa Barbara, CA 93101
www.marcusmoraleslaw.com
(805) 845-5405
Free Consultations For All Landlords
Hello,
It would be in your best interest to communicate in writing since the tenant will be documenting your communication anyway. Yes, the tenant can document communication with you if they want. Have a log of your communication. If I was a judge, I would find a landlord who does not wish to communicate business matters in writing "sketchy".