After reading post here today, we need protect ourself from false information. Can we put in the lease that landlord communiation might be recorded for accurancy and protection of both parties? Since tenants can record landlord they want anyway, Landlords do not want to be wrong recording the communiation with tenants.

I don't know how you'd record in-person communications without it being really awkward .....

you had better check your state laws. Here, you can video someone but not record them. whether a blanket "will be recording audio" in a lease signed months prior would be acceptable would be open for legal interpretation.

I personally see no need to record, audio or video, any interaction with a tenant. If it is that bad, I'm not dealing with them on any level except the door hitting them when they leave.

CJ,

My lease is clear: res grants consent for his/her images and voice recordings and those of his/her family and visitors to be saved and used as needed including as evidence or marketing.

A quick check of MO law shows it is a ONE PARTY CONSENT state which means if YOU consent you are legal. You do NOT need their consent.

However it is a good policy to always TELL them they are being recorded.

It is ILLEGAL for you to use a recording of other people without their consent where you were not present.

Here’s the challenge: if someone calls you from a TWO PARTY CONSENT state the MO laws do mot apply. You MUST get their consent. The problem is people don’t tell you they are calling from such a state. That’s why companies announce “All calls are recorded for quality control”.

Every time I meet a res or contractor ir inspector I record the conversation with a $34 digital recorded in my shirt pocket.

We use the same recorder when signing a lease and it has stopped all those “but he said I could paint” arguments months later.

Police stats show that people act much more civilized when the officer is wearing a body cam.

Most wiretap laws do not talk about video.

BRAD, Thanks for detail. I think we deal with in state people 99% of the time. If we accidently recorded one from out of state, is it OK we just not use the record or delete the record?

CJ, in a one-party state, you may not need their consent at all. Please keep in mind there may be situations where you cannot legally record. Brad gave one example; there may be others.

Last time when we have bank appraisal for refinace, the appraisal took pitures, I thought to take a few pictures for myself, then the tenant was upset "Why do you take picture?" I said it is in the lease agreement and we can take pictures. Then, the tenant was OK.

So. .. on the flip side, can a tenant subpoena your voice recordings (if they think it benefits them) and have their attorney sanction you if you destroy them or refuse to produce?

You don't need a clause at all. Missouri is a "one-party" state. You do not need their permission (nor their knowledge) to record a conversation that you are a part of in your state.

Mo. Ann. Stat. § 542.402(2)(3)

"It is not unlawful [...] where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act."

Basically, you can record audio of whatever you want as long as you are one of the parties involved.

- John...

be sure to check your state laws.

my comment has nothing to do with what is or isn't legal about disclosing, one or two party, etc. It has to do with Brad's clause "res grants consent for his/her images and voice recordings and those of his/her family and visitors to be saved and used as needed including as evidence or marketing. "

That won't hold up should push ever come to shove. Tony Tenant CANNOT obligate Victoria Visitor to anything. Perhaps if Tony Tenant's obligation to landlord is that he inform visitors or post signs ...and that's a perhaps. If Larry Landlord is violating Victoria Visitor's "rights" Larry's agreement with Tony wont hold up.

Same as delivering property to emergency contact's location. Tony Tenant CANNNOT obligate Emily Emergency.

Same with renting storage units - Larry Landlord CANNOT contractually obligate Tony Tenant.

In court, except for very few circumstances, you cannot even tell what someone else told you ... let alone arbitrarily have one party give up the rights of another.