State Specific Question About: CALIFORNIA (CA)

What rights do tenants have to record audio or video of their landlord or repair crews, in the home?

Do they have to notify about recording?

Deeper question-If the tenant is in their unit, along with an outside repair crew (hired by landlord), and the crew manager calls the landlord over speaker phone to include the tenant; AND the tenant just happens to have something recording the repair effort, which obviously then records that 3 way conversation; can the tenant then use that recording in a legal proceeding?

more related questions:

Lease terms give Landlord the right to record in all common areas of the building.

It also states common areas include living rooms and kitchens.

I agree this clears the landlord of any legal repercussions. But do these lease terms apply in a reverse manner?

Meaning because the landlord created a recorded space aspect and duly informed the tenants of the possibility of being recorded even in their kitchen or living room; can the tenant claim that means all parties have been fully informed and bypass privacy rights?

This is state specific.

I know that covert "in person" recording is legal in NJ (I do it sometimes and have used it in court) but not legal in Pennsylvania.

It's not legal with telephone conversations in either of these 2 states without consent.

I believe it's the one party rule where only one party - me - has to consent or 2 party rule where both parties must consent - as in telephone conversations.

It's a legal question state by state.

What are you being sued for?

I think a judge would view this through an "expectation of privacy" lens. In this case, the contractor on the three-way call had no expectation of privacy, so I don't think the judge would have an issue with the recording being used as evidence. Especially since your lease states that those rooms are "common areas" with no expectation of privacy. If you're allowed to make recordings, your tenant should be allowed to as well.

Friend,

Great question!

VERY state specific.

The intergoogs say "California's wiretapping law is a "two-party consent" law. California makes it a crime to record or eavesdrop on any confidential communication, including a private conversation or telephone call, without the consent of all parties to the conversation."

THAT is why the 800# Customer Service Help Lines says "All calls are recorded for quality assurance."

Daughter20,000 uses Ring cameras in the house to "help" the babysitter.

Me? I do not see any good coming from a res videoing me or my crew, only trouble. Years ago a local Sec8 repair tech was called to unstop a sink while res was away. He called a buddy to bring a snake and used the restroom while he waited. The res has his laptop open set to record motion. That video went nationwide.

I would deny them the right to record me. No walk thrus or repairs until all recording devices are off. (except MINE!)

Also, I would have to have THEIR permission to use MY body cam in Cali(Not so in Indiana)