QUESTION

Can I sue an ex landlord for recording me on video/audio without my consent and what is the statute of limitations?

Asked on Jan 31st, 2016 on Landlord and Tenant Law - California
More details to this question:
I found out that my ex landlord uses those pen cams on himself and his night patrol crew. I know this is a two party consent state. This happened in October of 2014.
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2 ANSWERS

If you are speaking about California, it is a two party consent state only for the recording of conversations that the other party has a reasonable expectation of privacy for. You do not state were you were when the landlord recorded you. If you were outside your unit, there normally would be no expectation of privacy. If you were inside your unit and the landlord was outside peeping in, you probably would have a case, but what were your damages? Having your privacy violated does establish a basis for damages, but is it worth the time and effort, and attorney fees and filing costs, to sue? The statute of limitations would start when you knew or reasonably should have known of the violation; I am unsure if it would be a one or two year statute of limitations.
Answered on Feb 29th, 2016 at 5:43 AM

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If the recording was made in public, where you have no privacy expectation, you have no right to sue.
Answered on Feb 29th, 2016 at 5:42 AM

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