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I live in the state of New York Several months ago I rented

Customer Question
I live in the state...
I live in the state of New YorkSeveral months ago I rented a bedroom in a private 3 brm home. I live on the main level with another occupant who rents his room. There is a tenant in an attic apt, and a tenant in a basement apt (illegal in this county).The property We are in the main house, someone else is in the studio, and the tenant in the "cottage" we just found out is the landlord's sister and is possible co-owner of the property as well. Aside from not being too happy finding out we live next door to the co-landlord we didn't realize we had...Today I went to the mail box and there was a sign taped to the post. "You are being recorded." On the fence leading into the studio, the same sign. On the cottage, nothing. Apparently that person doesn't need to be notified. Presumably she set up the recording, or her sister did.I have not been able to find where a camera could be, but I am EXTREMELY uncomfortable with our comings and goings being recorded. We have no reason to trust the landlord at all. And before you suggest it, we ARE moving. I wish it were possible to leave tonight. We aren't partiers, rarely have company at all. It's us and our toddler in this house.Is it legal for a landlord to record a tenant without their permission? We can't opt out the same way we could opt out of a phone call by hanging up.
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: New York State. I inadvertently uploaded, so I don't know how much detail you got re my situation.
JA: Has anything been filed or reported?
Customer: Yes; I can see now that my message is conflated with another one. I'll answer whatever you need.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, please. The unit the LL is using comes in a set of three. One is in the LR, one is in the KIT; I have no idea where the third is. None are in the bedrooms or bathrooms, but the LR and KIT are remotely recording and can move around the room. They also have audio so he can listen to us in the house.
Submitted: 6 months ago.Category: Landlord-Tenant
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Answered in 20 minutes by:
5/9/2017
Lawyer: Attorney2, Attorney replied 6 months ago
Attorney2
Attorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 7,420
Experience: 29 years of experience in Landlord Tenant Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you.

Do you have a lease in writing? You certainly have a reasonable expectation of privacy in your living area.

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Customer reply replied 6 months ago
No lease. I suppose that makes it a month-to-month arrangement.
Lawyer: Attorney2, Attorney replied 6 months ago

Yes, you are correct the lease is an oral month to month. Under any lease (oral or written) you have the right to the quiet enjoyment of the rental premises. Further, you have a reasonable expectation of privacy. You did not agree to surveillance you were informed that this was happening. This a breach of contract by the landlord. The fact that the rental is illegal is a problem for the landlord in and of itself.

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Lawyer: Attorney2, Attorney replied 6 months ago

This link sets out tenants rights throughout the State of New York https://ag.ny.gov/sites/default/files/pdfs/publications/Tenants_Rights.pdf

The implied covenant of quiet enjoyment https://www.landlordology.com/implied-covenant-quiet-enjoyment/

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

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You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out. Thank you for your consideration.

Thank you for using JA! We appreciate your business.

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Lawyer: Attorney2, Attorney replied 6 months ago

Do you have any additional questions for me? The attorneys on the site do not receive credit for our work or time if the customer does not rate our service positively. Thank you for your consideration.

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Attorney2
Attorney2
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Category: Landlord-Tenant
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