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Can my Landlord install hidden cams in my Rental Apt Unit (Bathroom,too) & use recordings of me as evidence in court in CA?

1 Answers. Asked on Jan 28th, 2012 on Landlord and Tenant Law - California
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David Lawrence Gibbs at The Gibbs Law Firm, APC
Licenced in CA
Answered on Feb 02nd, 2012 at 12:24 PM

Dear Anonymous,

Without your consent or knowledge, the landlord cannot install or maintain hidden cameras inside your unit. While there is a prohibition against recording a person's voice without their consent (i.e., a secretly recorded conversation in which one party did not consent to the recording cannot be introduced as evidence in Court), I do not believe there is such a prohibition against a purely video recording. The audio cannot be introduced, but the video might be able to serve as evidence. You need to consult with a litigation attorney to review the applicable case law which might allow you to prevent the video from being introduced as evidence on some other grounds, but there is no express prohibition against the use of purely video-taped recordings even without someone's consent in Court.

David L. Gibbs, Esq.
The Gibbs Law Firm, APC
San Clemente, California

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Landlord and Tenant Law
Real estate attorneys who are knowledgeable about landlord-tenant laws can assist both property owners (landlords) and renters (tenants) through all aspects of a real estate transaction. Landlord-tenant lawyers can ensure that landlords are in compliance with all housing laws; negotiate, draft and reviewing leases; work to resolve disputes between the property owner and tenant; and handle eviction proceedings. Whether you are a residential or commercial property owner, or are renting an apartment, home, office or warehouse, it pays to consult with a real estate law firm after purchasing investment rental property, before a lease is signed and if you encounter problems during the landlord-tenant relationship.
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