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Is it illegal for me to tape making complaints to my land lady if we are sitting in the living room? I also get the response.

Lancaster, CA |

I live with a woman who has two empty bedrooms that she rents out. I rent one and there is man in the other. Recently the company I worked for closed and I have been unable to find work causing me to fall behind in rent. The landlady agreed to work with me and in January when I came into some money, I paid off everything I owed at that point. I am behind again, but she is standing by the original agreement. The problem however is she has been "walking" all over me and allowing the other tenant to do it as well. Any complaint I make, he woke me at 5a he made so much noise, he slammed the door knocking my picture off the wall and breaking it, etc. She won't say a thing other than once, she told me "Hey as long as his checks good " I still have rights even though I'm behind in rent don't I?

Attorney Answers 2

Posted

Yes, it is illegal. In CA you cannot record somebody without his/her consent.

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4 comments

Asker

Posted

Thank you for taking the time to help with that. Will just document on paper then. What about my rights, do I have any?

Sagar P. Parikh

Sagar P. Parikh

Posted

Depending on how substantial the actions of the other tenant are, they may be considered a nuisance. You can have an attorney write a demand letter to the landlord.

Asker

Posted

Does being woke up every morning at 5a and my pictures being knocked off the wall and breaking because he constantly slams the front door constitute a nuisance? And then I guess I'm afraid if I do that she will evict me. Just want a little peace and quiet and her to treat both tenants fairly.

Sagar P. Parikh

Sagar P. Parikh

Posted

Yes. You should bring this to the landlord's attention and have her fix the issue. If she still does not, you can have an attorney write a stern demand letter.

Posted

California is a 2 party consent state. Unless both parties consent to the conversation to recording the conversation or the conversation takes place in a public area where there is no expectation of privacy, recording conversations is illegal.

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