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Can someone videotape their lan*lord in their own home, without the lan*lord's consent, in California?
Anonymous6 views3 answers
A friend of mine is involved in a dispute with her lan*lord. Her lan*lord will be inspecting her home tomorrow. My friend has been advised to videotape the lan*lord's visit, if she can do so legally. Can she legally videotape the lan*lord, without the lan*lord's consent?
Does it matter whether the the lan*lord has knowledge that he is being recorded (i.e., whether the camera is hidden or not)?
I am familiar with California Penal Code Section 632. What I'm not clear about is whether the lan*lord may "reasonably expect that the communication may be overheard or recorded," in the tenant's own home.
Note that I can be there and do the recording, in case that changes things.
If you can cite any court opinions to support your answer, that would be helpful, but isn't necessary.
It would be better for your friend to have as many third party witnesses as possible since what she obviously wants is evidence of what transpires. In California, a person can be videotaped in public places, this is not a public place, it is in fact a house that the landlord owns. As for audio, California is a two party consent state which means the consent of all being recorded is necessary, and there are criminal as well as civil penalties if this is violated. It is too risky. The witnesses can testify in court to what happened (if the landlord/tenant issue gets that far) and it won't be hearsay.
