Legal Question in Landlord & Tenant Law in California
Illegal surveillance?
Another resident in my apartment complex has been recording activities that occured on an enclosed porch and into the apartment itself. The resident has turned these tapes into the landlord as ''evidence''... for what I do not know, the landlord has refused access to the tapes. 1. Are my rights being violated by this other resident, or the landlord, by this incident? 2. Can the content of the tapes ( which i am assuming are illegal) be used against me for any purposes, legal or possible eviction? 3. What legal action can I take against the spying resident?
2 Answers from Attorneys
Re: Illegal surveillance?
It depends what you mean by "recording activities." If the neighbor is recording private conversations in your home or where you expect no one else to be around, it is a misdemeanor to which monetary and other penalties could attach.
Re: Illegal surveillance?
You don't have a reasonable expectation of privacy outside of your home, while you generally do inside of your home. The question is, what damages do you have, or do you anticipate as a result of this?
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