Legal Question in Landlord & Tenant Law in California
Video Taping for Harassment Purposes?
I have a friend who lives in Anaheim, CA. Currently, the mobile home he is staying in is being video taped by the landlord.
Normally, this would not be a problem. After all, they're fully within their legal rights to video tape their own property, are they not? The problem stems from the possible harassment issues that may be arising. So far, the landlord has towed his car twice, both times related to ''expired tags.''
My friend is collecting as much information as possible to file harassment charges because of surrounding information (other cars with expired tags with cobwebs underneath them that have not been towed, nor notified; also, one of the tows was done without a proper 7-day notification). Is there any possible bearing of usage of a video camera for such uses? He believes that the landlord is using the camera to focus specifically on his actions, feeling that it is an invasion of his privacy.
Is my friend within his rights? Or is the landlord allowed to do such actions?
1 Answer from Attorneys
Re: Video Taping for Harassment Purposes?
This is a very close case, and, my best guess, is that your friend doesn't have a strong case.
The law requires three elements, and we have the first two here. The requirements are that the act be intentional (obviously the taping isn't accidental), that it be an intrusion (we have that here), and that it must be highly offensive to a reasonable person. This last requirement may not be present.
I am enclosing a web page which spells out invasion of privacy in great detail.http://www.allianceonline.org/FAQ/risk_management/what_is_our_risk_for.faq
I would suggest your friend spend the money to retain an attorney to write a letter demanding the landlord cease and desist his actions.
Please feel free to e-mail, or call, my office if you need more.
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