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I live in an apartment in nj the tenant above me has started…

Customer Question
I live in an...

I live in an apartment in nj the tenant above me has started taping me while I sleep I have a medical condition that causes me to sometimes talk in my sleep she is trying to use it to get me evicted she does not have my consent is this legal

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New jersey

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Submitted: 7 months ago.Category: Legal
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Answered in 4 minutes by:
11/22/2017
Lawyer: Loren, Attorney replied 7 months ago
Loren
Loren, Attorney
Category: Legal
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Lawyer: Loren, Attorney replied 7 months ago

NJ is a one party consent state. In order to record a conversation the consent of one of the parties to that conversation is required.

However, they are probably recording the noise level as evidence of a disturbance. In other words, this is not a recorded conversation situation requiring your consent. This is more along the lines, I am presuming, of a noise complaint, like a loud stereo.

Is that the situation?

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Customer reply replied 7 months ago
No not that I know of but I'm not sure
Lawyer: Loren, Attorney replied 7 months ago

Well, if they are recording the "noise" your consent is not required.

There is not really a conversation happening, if the talk is in your sleep.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Lawyer: Loren, Attorney replied 7 months ago

Did you have further questions? Have I answered your question?

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Lawyer: Loren, Attorney replied 7 months ago

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