Q: As to the recording voice and video does The State of Rhode Island require that all party's being recorded be informed?
One month after signing a lease I recorded a video with sound of my landlady in a rooming house in Warwick Rhode Island. She told me that she was writing new rules as an addendum to the lease and then I was excluded from parts of the house that were in the lease.
during that confrontation she told me that I'd better find a new place to live it wasn't gonna get any easier and shortly after starting making my life difficult although I agreed with her declaration that it was just a roaming house. I am in the middle of a "constructed(?) eviction. Can I use this recording in a court case?
A:
It sounds like you're in a very challenging situation, and I understand wanting to explore all options. Whether you can use the recording in a court case depends on a few factors:
- Rhode Island's Consent Laws: Rhode Island is a "one-party consent" state. This means you can legally record a conversation without the other person's knowledge or permission as long as you are a participant. RIGL § 11-35-21(c)(3).
- Relevance: The recording must be relevant to the specific case you're building (breach of lease, constructive eviction, etc.). Your landlord's statements could potentially help prove a pattern of harassment or that they were wrongfully modifying the lease. However, the terms of the lease and the content of the recording will be controlling as to whether it is relevant or not.
- Authentication: You may need to be able to prove the recording is genuine and unaltered. This could involve having an expert analyze it or providing testimony about when and how it was made.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
