Considering how hat red is the sign of the times, and we all know LLs are high on that list, ESPECIALLY when you try to collect rent or even (heaven forbid) evict.

I anticipate LOTS of residents claiming in court the LL pressured or intimidated the res. Gotta be able to prove you did not.

I HIGHLY recommend every LL record EVERY conversation (in person or by phone) with any resident.

You can download a RECORDING APP on your phone and just hold it or put it in your shirt pocket while talking.

Phone conversations on smartphones can be easily recorded using REV Call Recorder. For a few bucks they will provide a written transcript of the conversation.

Disclaimer: in some state you must have permission to record someone else. Google WIRETAP LAWS IN _____ (your state).

Text is thru Google Voice and shows in a complete thread on a desk computer just like email.

AND...

Be VERY cautious with your choice of words. A calm text can be interpreted as a hate message. Anything you say WILL be held against you.

Know that some residents are recording YOU! :-)

Stay calm and professional as we HOPE to be coming out of this eviction moratorium crisis.

BRAD

I'm pretty sure recording with voice is illegal in PA WITHOUT consent.

It's important to know what your state requirements are for recording conversations. The majority require either "one party" or "all party" consent and some have variations to those two.

Here's a consise table of all states and the requirement.

NE has it correct.

Surprised Brad isn't aware of these things. Actually surprised he does not !!!

Is it possible to have them sign something during lease signing to consent to any or all conversations being recording while on premises?

About 7 out of 10 states are one-party states.

For those who live in those 3 out of 10 states, you know what to do for your part of the world. Sometimes it's a matter of whether there's a reasonable expectation of privacy or not--- if you have a conversation in a restaurant or on the sidewalk, it's okay, but not in the tenant's living room.

From the site Mike A (TX) gave us.

For MISSOURI:

One-Party Consent: An individual has the right to record or disclose the contents of an oral or electronic communication that they are a party to or if one of the parties has given prior consent to the recording of said communications. Mo. Ann. Stat. § 542.402(2)(3).

NE PA It looks to me like you could put a clause in your lease. But leave out the words "while on premises". Get them to give you consent.

Oops! Someone forgot to read the post.

The consent thing- THIS is why you hear a recording EVERY time you call customer service stating “Calls are recorded for training purposes. This covers then when folks call from states with tougher laws.

Sisco,

Illegal to record.

One method is just tell them on the recording “I am recording this”.

"Good morning. I record all phone calls." Make it your greeting, if you are in one of those 2-party states.

NC is a 1-party only state, but if someone called me from PA would I be bound by their law, I think? Might depend on where they were physically located when they made the call. After all, many people don't change cell phone numbers when they move. I've had tenants here for years with out-of-state numbers.

NE is correct for Pennsylvania. You can video but not audio without consent.

I'd guess until it's tested in a court somewhere (and possibly it has been), each state would determine whether a blanket disclaimer paragraph in a lease applies 11 months down the road.

All that said, if I feel the need to start recording conversations, I'm getting out of this business.

The 'consent' varies from state to state. Could be a. no consent, b. 1-party consent, c. 2-party consent. In MA, 2-party consent, without which, if introduced in court or in any public airing, the recording party can be charged with a crime. So be sure to check your individual state laws before doing this. It falls under the 'illegal wire tapping' laws in MA.

Of course - all the recordings done in public are generally exempt as there is no 'expectation' of privacy.

Our culture has changed.

And attys need money.

LLs are an easy target and most represent themselves in court.

Don't let your case get thrown out because a non-payer whines that you intimidated them.

BRAD

Is an unauthorized recording a criminal offense? Is it a civil matter?

Is it illegal to possess such a recording?

to listen to the recording?

Sisco asked: Is an unauthorized recording a criminal offense? Is it a civil matter?

It may vary by state. In Michigan, it's actually a felony, not a civil matter.

Sisco asked: Is it illegal to possess such a recording?

It's illegal to make one in my state. I don't know if possession of it is an additional crime, but it certainly makes the recording obvious.

Sisco asked: What has been taken from a person by recording their voice?

Their right to privacy.

Again, that is why it is legal to record if there is "no expectation of privacy" as Diane just mentioned.

- John

Recently recorded a Q/A session with an Estate attorney - 250/hr - With his consent and the phone in plain site.

I can say one thing about recording conversations. It is amazing what you miss, or at least I do, during a normal business conversations.

iphone question.

Does anyone have experience with any apps that will record both sides of a phone conversation.

From what I gather, iPhone doesn't allow that without it being jailbroken.

The iPhone is more of a closed system. Apple decides what you can and can't do. :) They've decided that you can't do that.

- John...