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In home Secret video and audio recording Harassment, Stalking, Misconduct

Discussion in 'Criminal Charges' started by esquija, Sep 3, 2019.

  1. esquija

    esquija Law Topic Starter New Member

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    Jurisdiction:
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    I rent a room on a 30 day lease from the owner who is also my roommate. She’s increasingly hostile, sends texts with any hour of the day or night with trivial household issues and demands despite a request in writing more then once not to continue as it effects my health issues . She’s been continuously negligent of her obligations such as not fixing the water heater going on over 2 months. No ability to access hot water for showers, cleaning, etc.. She’s also for the second time put a lock box on the homes thermostat controls and is gone for days leaving me unable to adjust the homes temperature. I am disabled and told her this negatively effects my health. She removed it then 3 days ago put it back on, locked the doors to all rooms but mine and common areas, left town and would not respond to my request to take off the locked thermostat, repair and provide hot water to the home and more. Then I discovered 2 nights ago she’s been secretly video and audio recording me in real time going directly to her smart phone with a petcam recorder capable of recording 160 degree range, infer red technology, night visual recoding and high power zoom that could see the dining area, living room, down the hall into the bathroom if the door is opened. I have no idea how long she’s been doing this but saw the light recording with the rest of the unit hidden behind a tile. She’s increasingly hostile and texted me a picture of 30 day notice to evict me 2 days ago as well. Can I go to the police and /or contact her homeowners for help?. She’s a avid gun enthusiast, target shoots weekly and I have no idea if she keeps her firearm in the home. I’m scared, she’s become irrational, unpredictable and unresponsive to reason and I can’t afford to immediately stay anywhere until I find another home. I am female and a disabled senior as well.
     
  2. mightymoose

    mightymoose Moderator

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    She doesn't sound irrational and unpredictable- she sounds like she just wants you to move out. She has given you notice. Do yourself a favor and start searching for a new place to live. Unlike most landlord/tenant situations it is quite easy for an owner to remove you from a residence in which they also occupy. If she does it correctly she does not even have to go to court. Once your time is expired she can have law enforcement remove you from the home for trespassing.
    Don't waste time.
    You have not described anything illegal on her part. Whether or not she owns guns is completely irrelevant. That you are a disabled senior is not going to get you more time.
    Start planning now to be out of the house before time expires or things could go very bad for you!
     
    army judge likes this.
  3. Red Kayak

    Red Kayak Well-Known Member

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    She has sent you a 30 day notice that your month-to-month tenancy is being terminated. Find a new place to live. All else is commentary, because any actions by you at this point will be viewed as retaliatory.

    Aside 1: How would you know that she'd locked the doors to the rooms that you're not supposed to access per the terms of your tenancy, unless you tried to open them? If you've gone into her personal space before without her permission, I could see why she'd want to lock her bedroom, etc. It is especially important that her personal space be secured if she keeps her gun(s) at home.

    Aside 2: You do not have to read the texts or reply all hours of the night. You can turn things off/mute during the hours that you intend to sleep.

    Aside 3: You have a reasonable expectation of privacy in the bathroom, and it sounds as though this can be achieved by shutting the bathroom door while in use. Video of common areas (security cameras) is one thing, but audio recording without your permission is not nice. Perhaps California Penal Code 632 applies. Then again, perhaps you have been untrustworthy.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Won't do you a bit of good.

    Unfortunately, you are a lodger under CA law:

    http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1946.5.

    And can be removed or arrested if you remain after the 30 days are up.

    http://leginfo.legislature.ca.gov/f...ctionNum=602.3.&highlight=true&keyword=lodger

    You have my sympathy, but you really need to find yourself another place to live ASAP.
     
  5. army judge

    army judge Super Moderator

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    Time after time we see what happens when you rent a room to someone in your home.

    This isn't complicated.

    To paraphrase Ben Franklin, “Neither a room renter nor a landlord be in your domicile; / For a tenancy oft loses both itself and friend.”
     
  6. esquija

    esquija Law Topic Starter New Member

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    While I appreciate all of your responses, you all miss the point. I have no idea how often or how long or what she does with the wi fi live real time audio and video recording I was never made aware in the home until I saw it in use while she was out of town. It is a 1635 square foot home I have full use of and this is a clearly secret illegal recording of me in the home and records with alerts in real time. I have a right to expect privacy, lodger it not. It’s not about the 30 days notice, of course I’ll move out. And those of you who need to write judgmental responses that assume I’ve gone in her rooms etc. the additional locked rooms are my right to access too. Shouldn’t know better then to post on social media. I’ll just see what the police thinks.
     
  7. esquija

    esquija Law Topic Starter New Member

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    It also violates anyone I have had over privacy in what I thought was my “ home” to live in like everyone else. If this was your daughters or moms or grandmother, I wonder if the judgmental responses would be the same.
     
  8. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    There is no law that one can't video the inside of their own home. She did not have a camera in the room you rented nor in the bathroom.
     
  9. mightymoose

    mightymoose Moderator

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    Not in the common areas. You are a lodger in an owner occupied residence. The owner is allowed to record within their own home. A camera in your bedroom area would invade your privacy, but that is not the case. There is no issue to be made about the recordings as you have described them.
    The rules are different when you are a lodger.

    As for the locked rooms, per the description you gave you should not have access to them. You have your bedroom, bathroom, and common areas.

    As a deputy sheriff I would tell you these same things. You have not described any wrongdoing by the owner, and whats more you have not described any damages done to you.
     
  10. army judge

    army judge Super Moderator

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    You don't need anyone's help, you KNOW your rights.

    I presume you also know your remedies.

    Yeah, that's the ticket, just tell the old busybody you're not leaving and she better leave you alone or risk the wrath of the law.

    Yeah, you changed my mind.

    You have been violated, and you can now invoke the "law of personal violation".

    Someone will have to cough it up and pay someone, very soon!
     
  11. sandyeggo

    sandyeggo Member

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    Why do you think you have rights to access rooms that are not part of the common areas?
     
  12. Red Kayak

    Red Kayak Well-Known Member

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    And what are these "additional locked rooms" that you feel are your right to access?
     
  13. army judge

    army judge Super Moderator

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    You mis our point.

    Our IGNORANCE of what she does with the video is greater than yours.

    In my case, I am happily IGNORANT, and don't care what she does with the video or to you!
     
    Red Kayak likes this.

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