Legal Question in Landlord & Tenant Law in California
My landlord gave my exwife a copy of my lease agreement when I moved out which was used in court during our divorce (we had been separated a year already), my ex was not on the the lease and I have a restraining order against her, isnt there privacy laws against this?
2 Answers from Attorneys
You have no privacy rights in the terms of your lease. Furthermore, if it is relevant to a legal proceeding, a lot of private information has to be disclosed or can be obtained, ESPECIALLY in family law cases, where there is a fiduciary duty to make full and truthful financial disclosures.
I have a somewhat different take on the question of whether under California's state constitutional right of privacy, your former landlord without legal compulsion or express permission from you could provide your ex-wife with a copy of the rental agreement. I recommend that you consult with an attorney with a background in business privacy rights about this question. I would be particularly concerned if the lease agreement included confidential personal information such as your Social Security number and banking information.
While there is a great deal of disclosure of personal and financial information during divorce proceedings, I agree that you should be concerned that this information was disclosed inappropriately by the landlord who I would assume is not a party to the divorce.
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