Record conversations
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Record conversations (by BRAD 20,000 [IN]) Aug 2, 2020 7:38 PM
       Record conversations (by NE [PA]) Aug 2, 2020 7:47 PM
       Record conversations (by Sisco [MO]) Aug 2, 2020 7:53 PM
       Record conversations (by NE [PA]) Aug 2, 2020 8:07 PM
       Record conversations (by MikeA [TX]) Aug 2, 2020 8:12 PM
       Record conversations (by DnB [.A]) Aug 2, 2020 8:13 PM
       Record conversations (by NE [PA]) Aug 2, 2020 8:27 PM
       Record conversations (by moby [IN]) Aug 2, 2020 8:37 PM
       Record conversations (by Deanna [TX]) Aug 2, 2020 8:51 PM
       Record conversations (by Mike SWMO [MO]) Aug 2, 2020 10:41 PM
       Record conversations (by BRAD 20,000 [IN]) Aug 3, 2020 12:38 AM
       Record conversations (by WMH [NC]) Aug 3, 2020 7:52 AM
       Record conversations (by Nicole [PA]) Aug 3, 2020 10:02 AM
       Record conversations (by Diane [MA]) Aug 3, 2020 10:29 AM
       Record conversations (by BRAD 20,000 [IN]) Aug 3, 2020 11:03 AM
       Record conversations (by Sisco [MO]) Aug 3, 2020 11:17 AM
       Record conversations (by John... [MI]) Aug 3, 2020 11:56 AM
       Record conversations (by JAC [OH]) Aug 3, 2020 12:21 PM
       Record conversations (by PG [SC]) Aug 3, 2020 1:07 PM
       Record conversations (by MikeA [TX]) Aug 3, 2020 6:00 PM
       Record conversations (by laura [MD]) Aug 3, 2020 10:14 PM
       Record conversations (by Greg [MO]) Aug 4, 2020 10:00 PM
       Record conversations (by John... [MI]) Aug 5, 2020 8:21 AM
       Record conversations (by bet [MA]) Aug 10, 2020 12:11 PM
       Record conversations (by laura [MD]) Aug 10, 2020 12:31 PM
       Record conversations (by mike [CA]) Aug 13, 2020 3:37 PM
       Record conversations (by GKARL [PA]) Aug 13, 2020 4:24 PM

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Record conversations (by BRAD 20,000 [IN]) Posted on: Aug 2, 2020 7:38 PM
Message:

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

--70.158.xxx.xx




Record conversations (by NE [PA]) Posted on: Aug 2, 2020 7:47 PM
Message:

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

I only communicate with text and save the texts. --50.107.xxx.xxx




Record conversations (by Sisco [MO]) Posted on: Aug 2, 2020 7:53 PM
Message:

NE, illegal? Or inadmissible in court? --67.43.xxx.xxx




Record conversations (by NE [PA]) Posted on: Aug 2, 2020 8:07 PM
Message:

Cisco, both parties have to consent to being recorded. --50.107.xxx.xxx




Record conversations (by MikeA [TX]) Posted on: Aug 2, 2020 8:12 PM
Message:

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.

www.mwl-law.com/wp-content/uploads/2018/02/RECORDING-CONVERSATIONS-CHART.pdf --64.130.xx.xxx




Record conversations (by DnB [.A]) Posted on: Aug 2, 2020 8:13 PM
Message:

NE has it correct.

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

It's illegal unless consent. --209.6.xxx.xx




Record conversations (by NE [PA]) Posted on: Aug 2, 2020 8:27 PM
Message:

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

I believe in Pennsylvania that I am allowed to record video, without voice. So if I was wearing a body camera and not recording the voice as I can get away with it. It's a funky law and I'm not really sure how it works. --50.107.xxx.xxx




Record conversations (by moby [IN]) Posted on: Aug 2, 2020 8:37 PM
Message:

In Indiana only one party has to consent to having the conversation recorded. --76.16.xxx.xx




Record conversations (by Deanna [TX]) Posted on: Aug 2, 2020 8:51 PM
Message:

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.

MikeA has a nice chart that spells out things from one jurisdiction to another... and also marks out things that are unclear/in flux/otherwise vary. --96.46.xxx.xx




Record conversations (by Mike SWMO [MO]) Posted on: Aug 2, 2020 10:41 PM
Message:

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.

All-Party Consent: It is unlawful to record an electronic or in-person communication WITHOUT THE CONSENT of all parties. 18 Pa. Cons. Stat. § 5702 to § 5704. However, “interception” of or mere listening in to a call using a telephone is not prohibited because the term “electronic, mechanical or other device” does not include a telephone. Using a cell phone’s “voice memo” application would be considered a “device” and would be prohibited. Com. v. Smith, 136 A.3d 170, 171 (Pa. Super. 2016); Com. v. Spence, 91 A.3d 44, 44–45 (Pa. 2014). --98.20.xxx.xxx




Record conversations (by BRAD 20,000 [IN]) Posted on: Aug 3, 2020 12:38 AM
Message:

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”.

BRAD --73.102.xxx.xxx




Record conversations (by WMH [NC]) Posted on: Aug 3, 2020 7:52 AM
Message:

"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.

Goggle Voice transcripts are great. --50.82.xxx.xxx




Record conversations (by Nicole [PA]) Posted on: Aug 3, 2020 10:02 AM
Message:

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.

In Pennsylvania, doesn't matter what I say or do to antagonize or "bait" the tenant. Magistrate asks, "is the rent paid". when my answer is "no", they have basically zero defense. --72.70.xxx.xx




Record conversations (by Diane [MA]) Posted on: Aug 3, 2020 10:29 AM
Message:

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.

--71.184.xxx.xxx




Record conversations (by BRAD 20,000 [IN]) Posted on: Aug 3, 2020 11:03 AM
Message:

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

--73.102.xxx.xxx




Record conversations (by Sisco [MO]) Posted on: Aug 3, 2020 11:17 AM
Message:

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?

What has been taken from a person by recording their voice? --67.43.xxx.xxx




Record conversations (by John... [MI]) Posted on: Aug 3, 2020 11:56 AM
Message:

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

--67.209.xxx.xx




Record conversations (by JAC [OH]) Posted on: Aug 3, 2020 12:21 PM
Message:

Actually NE is incorrect. In PA and some states for a private conversation you have to have 2 party consent. For a public conversation you can record audio and video without issue. Basically anywhere where someone might expect privacy could be considered private. The open front door at a rental is not private. The common area of a multifamily is not private. Outside is not private. --72.49.xxx.xxx




Record conversations (by PG [SC]) Posted on: Aug 3, 2020 1:07 PM
Message:

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.

I use AVR PRO on my iphone --184.20.xxx.xx




Record conversations (by MikeA [TX]) Posted on: Aug 3, 2020 6:00 PM
Message:

WMH. On your question if someone from an all party state calls: I had this very question when I had to meet a requirement at my old day job at a Federal Facility. I raised the question up and to our Legal department who then contacted DOJ. The answer was the rule of law in the state in which the recording is made is the law that must be followed. So, as long as you follow your own state law while recording you should be good. --64.130.xx.xxx




Record conversations (by laura [MD]) Posted on: Aug 3, 2020 10:14 PM
Message:

It is illegal here and inadmissible in court. FYI I know folks who knew Linda Tripp, so lots of clarity on the wiretapping laws. --108.56.xxx.xx




Record conversations (by Greg [MO]) Posted on: Aug 4, 2020 10:00 PM
Message:

iphone question.

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

This is legal in MO and it would come in very handy. --192.129.xxx.xx




Record conversations (by John... [MI]) Posted on: Aug 5, 2020 8:21 AM
Message:

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...

--67.209.xxx.xx




Record conversations (by bet [MA]) Posted on: Aug 10, 2020 12:11 PM
Message:

Google voice and text. Keep all conversation in writing and best to speak to them as little as possible. So many times, little things we have said they have repeated back to us. For example, when on a maintenance call, inspect the item and tell them when we will be back to repair. Best to never get in a dialogue with them or how it happened, how it will get fixed, etc. --73.227.xxx.xxx




Record conversations (by laura [MD]) Posted on: Aug 10, 2020 12:31 PM
Message:

That is why the longer I am in this business the less and less I like talking to tenants or anyone. I am old school and prefer email, but the newer generation prefers texts. I save both. --108.56.xxx.xx




Record conversations (by mike [CA]) Posted on: Aug 13, 2020 3:37 PM
Message:

good point. with all the alexa and googly devices we can never be sure when WE are being recorder. there were cases in calif where home sellers were recording the buyers as they walked about the homes for sale and now we have laws requiring notice of cameras and recording devices in homes for sale. the laws very WIDELY STATE BY STATE. i am looking into a memo for the tenants that they may not ever record me and they may not video tape me. --66.27.xxx.xxx




Record conversations (by GKARL [PA]) Posted on: Aug 13, 2020 4:24 PM
Message:

I use text almost exclusively to communicate with my tenants. I rarely have conversations with them about any issue except by text or email. They would not have much of an opportunity to record me and I don't need to record them. --209.122.xx.xxx



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