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  1. #1
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    Jun 2014
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    Default Landlord Placed Surveillance Cameras in Common Areas Without Notice to the Tenants

    My question involves landlord-tenant law in the State of: California, Oakland.
    Hello everyone, I have gotten myself in a bit of a bind. I live in a 7 bedroom house. I have lived in this residence since January. There are only 2 permanent tenants but we have 5 other rooms filled with Airb&b guests. There is a camera in the kitchen area that no one has been notified about. It makes me fearful that there may be hidden cameras in the private spaces. The camera in the kitchen records audio and video. I was intimate with the landlord in the beginning of my stay and he did not inform me that he has herpes simplex 2. I had just been tested and had only slept with him since being tested. He would not agree with paying for a new test. When were intimate he told me about the camera and told me he would give me the code. After I found out about the herpes simplex i asked that we not be intimate anymore. He has made several passes at me since. Then i asked for the code to the camera cause i no longer felt safe he told me the cameras are not turned on. I have asked for a lease(remember I have already been here 6 months) and finally he is providing a lease. Are the camera illegal? Can i sue him and make sure this behavior wont happen anymore?

  2. #2
    Join Date
    Dec 2012
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    Default Re: Landlord Placed Surveillance Cameras in Common Areas Without Notice to the Tenant

    Sue for what? The hidden camera? The sexual event which your posting indicates was consensual? You asking for a lease and he not providing it for six months but not finally providing you this?

    Gail

  3. #3
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    Default Re: Landlord Placed Surveillance Cameras in Common Areas Without Notice to the Tenant

    Quote Quoting bubbles13
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    There is a camera in the kitchen area that no one has been notified about.
    No one except for you.
    Quote Quoting bubbles13
    The camera in the kitchen records audio and video.
    And you know this from watching the video footage? Are we speaking of its potential to record audio, or do you have actual knowledge that audio is being recorded?
    Quote Quoting bubbles13
    ...he told me the cameras are not turned on.
    If that's true, then nothing is being recorded -- no video or audio.
    Quote Quoting bubbles13
    Can i sue him and make sure this behavior wont happen anymore?
    Sue him for installing a camera that he told you about, but says he doesn't use? What proof do you have that he used the camera prior to your having knowledge of its placement and, in doing so, recorded your confidential communications? would be your damages?

    Sue him for not telling you about herpes and not paying for a second test? Let's hope that the second test turns out to be negative.

    Given that you want to keep living in the house, despite all of these issues, it seems odd that you are so focused on suing your ex-boyfriend. Most people angry enough to sue would be long gone.

  4. #4
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    Mar 2013
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    Default Re: Landlord Placed Surveillance Cameras in Common Areas Without Notice to the Tenant

    There is potentially a criminal issue here.

    Section 647(j)(1) of the California Penal Code prohibits landlords, cohabitants, tenants and cotenants from placing cameras in the interior of any area in which an occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside.

  5. #5
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    Jun 2013
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    Default Re: Landlord Placed Surveillance Cameras in Common Areas Without Notice to the Tenant

    Quote Quoting L-1
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    There is potentially a criminal issue here.

    Section 647(j)(1) of the California Penal Code prohibits landlords, cohabitants, tenants and cotenants from placing cameras in the interior of any area in which an occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside.
    I think that all prior posters are aware, there are two issues though that may prevent this from being an issue. First is that according to the Land lord the cameras are not on so privacy is not being invaded. The second is whether there is a reasonable expectation of privacy in the kitchen of this house where the other permanent tenant has been advised that the camera was placed, and all other tenants are Air BNB guests who may or may not know about the camera.

  6. #6
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    Jan 2006
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    38,867

    Default Re: Landlord Placed Surveillance Cameras in Common Areas Without Notice to the Tenant

    Quote Quoting L-1
    View Post
    There is potentially a criminal issue here.

    Section 647(j)(1) of the California Penal Code prohibits landlords, cohabitants, tenants and cotenants from placing cameras in the interior of any area in which an occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside.

    I think the question becomes; is there a reasonable expectation of privacy in a common area of a multi-tenant facility.

  7. #7
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    Mar 2013
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    Default Re: Landlord Placed Surveillance Cameras in Common Areas Without Notice to the Tenant

    Quote Quoting jk
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    I think the question becomes; is there a reasonable expectation of privacy in a common area of a multi-tenant facility.
    That's why I used the word potential. Granted it is a common area. However, air BNB people are renting the use of someone's private home, which can create an expectation of privacy on their part. And, if the landlord fails to notify them that surveillance cameras are present in the private home, again, I would suggest there is a potential for violation. The fact that the permanent resident is aware of the camera is meaningless. If the air BNB tenants are not aware then their privacy can be invaded.

    Remember, the element to be met here is that the camera was placed with the intent to invade and not that an actual invasion take place. So the question begs, does the landlord notify each air BNB tenant that cameras are present, where each camera is located and that they must submit to video surveillance as a condition of tenancy?

  8. #8
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    Default Re: Landlord Placed Surveillance Cameras in Common Areas Without Notice to the Tenant

    There's definitely potential for legal problems here, but those who are unaware of the camera are better positioned to inspire a criminal investigation.

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