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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 40940
Experience:  30 years experience representing clients.
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I live in an apartment in nj the tenant above me has started

Customer Question

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
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: New jersey
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 12 months ago.
Category: Legal
Expert:  Loren replied 12 months ago.

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

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Expert:  Loren replied 12 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?

Customer: replied 12 months ago.
No not that I know of but I'm not sure
Expert:  Loren replied 12 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.

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Expert:  Loren replied 12 months ago.

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

Expert:  Loren replied 12 months ago.

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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Thank you!