California Law Prohibits A Tenant From Recording A Property Manager Without Consent

A California statute makes it unlawful to “eavesdrop upon or record” confidential communications without the consent of all parties to the communication. Under California Penal Code section 632, “(e)very person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication” shall be subject to fine or imprisonment. Persons injured by a violation of Penal Code section 632 may bring a civil action for treble damages or a statutory penalty of $5,000 for each violation, plus injunctive relief. (Penal Code § 637.2) A conversation is “confidential” within the meaning of the California Invasion of Privacy Act “if a party to that conversation has an objectively reasonable expectation that the conversation is not being recorded or overheard.”

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com.

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice.

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April 9, 2016 | Landlord-Tenant Law |