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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116755
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a dispute with my previous landlord. Specifically, I

Customer Question

I have a dispute with my previous landlord. Specifically, I rented a room in a shared apartment. As evidence of my dispute, I recorded our conversation in the shared section of the house (living room, hallway).
Could I be in legal trouble if I use this recording as evidence? Or since I was renting the portion of the house does the landlord have no expectation of privacy?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Florida laws require that both parties to the conversation give consent to be recorded. See: Fla. Stat. ch. 934.03. So if the other party did not consent, even if it was in a public area, oral communication cannot be recorded without consent of all of the parties. Thus, you could not use the recording or you could be charged with making an unauthorized recording.

Customer: replied 1 year ago.

Q: The Statute you mentioned sounds like it may not pertain to me, but i could be seems to be for wiretapping or "intercepting" communications. I found FL Statute 810.145, but 1(c) is unclear. Do shared hallways have a reasonable expectation of privacy? The description of being able to disrobe sounds like a hallway has NO reasonable expectation of privacy. I recorded sound "inside" my own rented private room and can hear the landlord/house owner who resides under the same roof banging on my room door shouting at me.

(cont'd) Since I'm recording audio using my phone from within my room without opening my room door, is the recording legal if my intent is solely to capture evidence for the harrassments to show law enforcement? Isn't it legal to record my own room? (I didn't announce I was recording) And what if I recorded audio of him doing the same when "I" was inside the bathroom with doors locked?

Customer: replied 1 year ago.

And add... I don't know if it is legally safe for me to show these recordings to a criminal detective and also a civil court judge without getting myself in trouble. The case is both criminal for battery and I'm filing a civil suit.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

It also says "oral" communications. So it applies to oral communications as well as wire communications. FL courts traditionally will not allow such recordings to be admitted without proof of consent of all parties. Recording noise in your apartment is not the same as recording a conversation you are having with someone even in public in FL. FL law does require consent to record your conversation though, not just by phone or wire.