St. Cloud, FL asked in Civil Rights and Constitutional Law for Florida

Q: If I am paying for a room out of pocket that is not a rental do I have a right to privacy?

I moved in with a family member they gave me this list of expectations & one was I have no expectation of privacy yet I'm paying for the space with my own money but he claims its not a rental so I have no expectation of privacy is this legal?

3 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: If the arrangement is for you to make regular periodic payments (for example, weekly or monthly) in exchange for the space, you are a tenant, which legally makes it a rental. Regardless of it being a rental or not, everyone has a right of privacy to a certain extent. For example, it would likely be a crime to audio record your verbal communications without your consent, regardless of your payment arrangement. Of course, if your relative doesn't end up liking you in the space for any reason, he/she can terminate the tenancy, with the length of notice to you depending on what type of payment arrangement you have.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: One can pay to stay in, for example, a bunkhouse with a number of beds in the same room and a common bathroom. The privacy expectation for that would obviously be different than if you rented a room with a private bathroom, kitchen, etc., or an apartment, or a house. In other words, if you don't like the arrangement, find somewhere else to live.

James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: In Florida, even if a living arrangement is not formally recognized as a rental, you generally have some expectation of privacy, particularly in areas exclusively used by you. Paying for a space, even within a family member's home, typically grants you certain rights similar to those of a tenant.

The specific circumstances of your arrangement, such as any agreement made, whether written or verbal, can affect your rights. It's important to understand that just because a space is not formally recognized as a rental, it does not automatically negate all expectations of privacy.

If you're unsure about your rights in this situation, consulting with an attorney can be helpful. They can assess your specific case, considering the details of your arrangement, and advise you on your rights and potential next steps.

Remember, privacy rights can be complex, especially in informal living situations. Legal guidance can provide clarity and help protect your interests.

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