Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I have a dispute with my previous landlord. Specifically, I…

Customer Question
I have a dispute with...
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: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 8 minutes by:
2/24/2016
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,700
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

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.

Ask Your Own Legal Question
Customer reply replied 2 years ago

Q: The Statute you mentioned sounds like it may not pertain to me, but i could be wrong...it 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 reply replied 2 years 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.

Lawyer: Law Educator, Esq., Attorney replied 2 years 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.
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 126,700
126,700 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

126,700 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
My landlord just sent me an email that there is going to be
My landlord just sent me an email that there is going to be major repairs in the apartment for a time frame of 8weeks, which is going to make a bathroom in a 2bed, 2bath apartment non functional. This… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,366 satisfied customers
Are there any restrictions for an employer using security
Are there any restrictions for an employer using security cameras (not hidden) in the work place … read more
KLAW
KLAW
Juris Doctorate
2,377 satisfied customers
Can my landlord hold open houses on the weekend while I am
Can my landlord hold open houses on the weekend while I am still living in the rental unit? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I have a tenant that has placed surveillance cameras to
I have a tenant that has placed surveillance cameras to record the coming and going activities of the upstairs tenants, particularly those of a 12 year old boy who has allegedly been bullying other ne… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Neighbor is harassing us, have him on camera slamming trash
Neighbor is harassing us, have him on camera slamming trash cans against my car, and trying to break my cameras. what legal recourse exists if any? my landlord won't do anything.… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,038 satisfied customers
What are the exceptions to the CA recorded audio two-party
What are the exceptions to the CA recorded audio two-party consent law? I am having financial disagreements with a business partner. He has made several incriminating statements but I can't get him ad… read more
socrateaser
socrateaser
1,031 satisfied customers
This would be specific to Ohio. I have two questions. 1.
This would be specific to Ohio. I have two questions. 1. I am wondering about the use of surveillance cameras. Basically we are using the one we have at our lake property. It can view the water to the… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,232 satisfied customers
I live in a house with 3 apartments in it. Another section
I live in a house with 3 apartments in it. Another section of the building houses an office for a local newspaper. There is an unmarked surveillance camera in the window of the newspaper office which … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My moms section 8 tenant violated the PHA contract, i.e. caused
My mom's section 8 tenant violated the PHA contract, i.e. caused a lot of damages, left back unpaid utility bills, unpaid portion of her rent, her boyfriend, who has criminal record, lived there and r… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
i live in a house with my mother two sisters and myself i am
i live in a house with my mother two sisters and myself i am 18 and they are 6 and 14. we live in arkansas. can you tell me if its legal for one of them to film me without my consent. i think they hav… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Hello, Live in apartment building. Is there any law angainst
Hello, Live in apartment building. Is there any law angainst using a personal security camera in a door peep hole .The purpose is to monitor the area immediately outside my apt. front and rear door. D… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I was researching MA law regarding taped phone conversations.
I was researching MA law regarding taped phone conversations. While federal law requires the consent of only one participant in the conversation to record the conversation, MA requires the consent of … read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
My daughter signed a 1yr lease for an apartment in Stafford
My daughter signed a 1yr lease for an apartment in Stafford Va with 3 other women.. there was a incident in the apartment that threatened my daughter which was caused by these roomates--My daughter on… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
928 satisfied customers
Is it against the law to record a supervisor screaming, cursing,
Is it against the law to record a supervisor screaming, cursing, name-calling, insulting and basically degrading all of her workers? Her office door is open when this is being done and it is often don… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I would like to know if in my state (maryland) or any state,
I would like to know if in my state (maryland) or any state, are landlords allowed to place security cameras or listening devices in your apartment or in the hallway in front of your apartment without… read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,438 satisfied customers
I work in the Emergency Department and I was wandering if it
I work in the Emergency Department and I was wandering if it is legal for my employer to tape a personal conversation between my sister and myself.I was in the triage room,which is apart from the actu… read more
Steinlaw
Steinlaw
Attorney/Principal
JD
1,704 satisfied customers
I live GA. My husband has been privately recpording me (7 ...
I live GA. My husband has been privately recpording me (7 times now) inside the privacy of our home. The first 3 times were with audio recorders (mini recorders) put in my purse, in the bedroom behind… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
Is it legal for a country club to install cameras and voice ...
Is it legal for a country club to install cameras and voice recording equipment that records your private conversations in the lounge area?… read more
NOT LEGAL ADVICE!
NOT LEGAL ADVICE!
1,470 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x