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Maintenance recorded apartment interior

Discussion in 'Other Residential Landlord & Tenant Issues' started by 3332839, Oct 27, 2021.

  1. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    (a) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication;

    According to the OP there was another person there.

    And there is nothing in the law that exempts communication to one's self.
  2. zddoodah

    zddoodah Well-Known Member

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    Nor is there anything in the statute that defines "communication" to include talking with oneself.

    Lacking a statutory definition, a court would apply common sense and ordinary English definitions of words, and "communicate" implies there is a person doing the communicating and at least one other person receiving the communication.

    First, the OP's statement that, "Every month my apartment sends pest control and a maintenance person around" does not compel the conclusion that the "pest control" person and the "maintenance person" are present at the same time. Second, that's a general statement that is not necessarily applicable to this particular situation. Third, and most importantly, the OP told us the following: "Today I saw the maintenance person pull his phone out of his pocket and start recording the living room and kitchen area. Is he allowed to do that under the guise of pest control?" There is nothing in that statement that could be reasonably interpreted as meaning more than one person was present.

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