Legal Question in Landlord & Tenant Law in California

video taping

I live in an apartment complex, and noticed a tenant had placed a video camera in their bedroom, facing an area, that I park and is the main walkway leading to the entrance of my apartment. I want to know if this is legal?, and if my landlord should have notified me.


Asked on 9/11/07, 3:22 am

3 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: video taping

I agree with Mr. Shers.

There are laws against invasion of privacy (in the Constitution), but this is a public area, and it would be hard to complain about invasion of privacy.

It is legal, and even if landlord is aware, he/she would have no duty of informing you.

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Answered on 9/11/07, 9:10 am
Scott Linden Scott H. Linden, Esq.

Re: video taping

I agree with co-counsel, although this may bother you, it is probably legal.

The area you are asking about is in 'plain view' and not a private or location where one would have a 'reasonable expectation of privacy'. If this wer pointed into another tenant's apartment, then my answer would be different, but pointing into the general parking, I'm afraid there is nothing you can do but perhaps request of the other tenant as to why they have the camera.

Scott

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Answered on 9/11/07, 5:50 pm
George Shers Law Offices of Georges H. Shers

Re: video taping

Your landlord probably did not know of the video camera. Have you spoken to him/her and what did they say? While what your neighbor is doing is annoying, it is probably legal. You have a right to privacy in non-public locations, but you are taking about a community parking lot and community walk way with the pictures being taken by a fellow community member. Ask the neighbaor why they are doing it and tell them yhou find it annoying; maybe they are trying to achieve something that you would like [catching dog owners who do not clean up after their pet, people damagaing cars in the parking area, etc.]

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Answered on 9/11/07, 4:21 am


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