Q: A homeless youth is living in our home and last night recorded us without our permission, what can we do?
Hi me and my mom currently have a homeless youth living in our home. Last night we got into an argument and she began secretly recording me. She then picked up her phone and pointed it directly at me to show she was recording me. Although I kept speaking with the phone directed at me, I do not wish to have this video shared without my permission. My mom was also in the video and did not consent to being on video. Although nothing offensive or derogatory was said I don’t want videos of me arguing with a guest in my home online. Is there anyway to prevent her from sharing the video?
A:
There is no legal way to prevent her from doing anything in the future. Both you and your mom can confront her peacefully, and let her know that recording you or taking photos without your permission and consent could lead to her having to leave the premises without warning or notice. Best thing to do would be to confront her in front of other witnesses and lay down the rules of the house in order for her to stay. But you and your mom need to have a private conversation about why you are letting a homeless person disrupt your home life.
Strange, isn't it? You take in a homeless person, who somehow manages to have a cell phone with camera and video capabilities, and yet you are now afraid she will let the world in on your private life? Strange times we are living in. I'm sure there is a lot more to your story than you are letting on, but with the limited information you provided, this is the best I can do for you.
A:
Even though this person is "homeless", since they are living in your home, your relationship with them is Landlord/ Tenant. You have the rights of any LL, which includes giving them a 3 day notice to cease or quit- meaning stop all video recording in the house or leave; and a 30 day notice to vacate- meaning leave on or before 30 days. Since you are living in the property also, the property does not come under Civ. Code 1942 requirements that you have just cause. The old adage: "No good deed goes unpunished." certainly appears to apply in this case.
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