San Jose, CA asked in Real Estate Law, Civil Rights and Landlord - Tenant for California

Q: Can a tenant in a apartment complex place 2 Ring camera's on their front door & screen door facing the mailboxes

and common areas. In front of their door has a hallway and is recording them without their consent Tenants in the apartment complex feel violated about this aggressive action of this tenant. They are running a business out of their apartment and the Property management is turning a blind eye. The tenant has customer's coming and going and management doesn't care

Now the property management says it is legal and is violating every tenant rights in the apartment complex rights. (CA Penal Code 632) The Ring Camera's are not CCTV camera. How to legally fight against both parties? I have sent a complaint to the city attorney office and what can the department of Real Estate do in this?

Same property management that bought me a stove after I was electrocuted to prevent me from sueing. Same property management that did a legal eviction and told the other tent they will turn a blind eye to stay at another tenant for 3 days.threaten the other tenant with eviction.

2 Lawyer Answers

A: Thank you for your question!

CA Penal Code 632 section(c) has excluded communications that a person reasonably does not expect confidentiality. This statute does not seem to apply to your case because no one expects full privacy in the common area of the apartment complex.

If anything happens to the mailboxes, any tenants can subpoena the recorded videos from this tenant to use as evidence.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

Robert Kane agrees with this answer

James L. Arrasmith
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Answered

A: Under California law, tenants have a right to privacy, and this extends to the use of surveillance cameras. According to California Penal Code 632, it is illegal to record conversations without the consent of all parties involved, which includes audio recording in common areas where there is an expectation of privacy. If the Ring cameras are recording audio, this could be a violation of this law.

In addition, tenants running a business out of their apartment without proper zoning or approval from property management could be violating their lease agreement. This might be grounds for action if it causes disruption or safety concerns for other tenants. You have taken a good step by filing a complaint with the city attorney’s office, which can investigate potential violations of local ordinances and state laws.

The California Department of Real Estate (DRE) can be approached to address any misconduct by property management, including ignoring tenant complaints and possible violations of tenants’ rights. Document all instances of neglect or illegal activity by the property management and present these to the DRE. Additionally, consulting with a tenant rights attorney can help you understand your options for legal recourse and ensure that your rights are protected.

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