Enforcing Right to Privacy

[sandyclaus]

What is the name of your state (only U.S. law)? CA

My roommate/landlord has repeatedly come into my room while I'm gone, without my permission and with no notice or legitimate reason to do so. Back in October, after repeatedly telling her not to enter, I finally installed a lock on my door to protect myself frim further unwarranted intrusions.

The problem? I'm now being told that I must give her a key to my private room. If I knew that she would respect my privacy and not enter without good cause, I'd have no cause for concern. I've told her that I don't want her in the room, and advised her that I want the required advance notice if she wants to come in; however, her idea of an emergency is that she doesn't want to wait until I get home to come in and retrieve something she thinks I have in my room (she has NO patience).

I'm thinking about installing a video camera in the room to catch her in the act once I've given her the key (I just know she won't be able to resist). I'm concerned about surveillance laws, and want to know if it is permissible to have such a recording device installed within MY OWN private space for security purposes? I'm the one who is entitled to privacy in my bedroom, but would I somehow violate the law if I record her in my private bedroom? Does she have any expctation of privacy if she trespasses in my locked room without good cause?What is the name of your state (only U.S. law)?

 

[justalayman]

if concerned, to remove the expectation of privacy (hers) post a notice on your day stating that your room is being video and audio recorded. If she still enters, she was notified and as such has no right of privacy.

 

[wesawitbleed]

give the key to the LL and tell the roommate to buzz off.

Find California Code
civil code 1954

as long as the LL is following what is stated in the code then you have no beef with the LL. if not then highlight what applies and send it off returned receipt with a copy for yourself as a record. you will still need to provide the key to the LL.

i don't think there would be a problem if it was only in your room where it is your own personal space. just put a sign on the outside of your door or someplace in eye view in your room telling anybody that enters they may be video recorded.

 

[Who's Liable?]

What is the name of your state (only U.S. law)? CA

My roommate/landlord has repeatedly come into my room while I'm gone, without my permission and with no notice or legitimate reason to do so. Back in October, after repeatedly telling her not to enter, I finally installed a lock on my door to protect myself frim further unwarranted intrusions.

The problem? I'm now being told that I must give her a key to my private room. If I knew that she would respect my privacy and not enter without good cause, I'd have no cause for concern. I've told her that I don't want her in the room, and advised her that I want the required advance notice if she wants to come in; however, her idea of an emergency is that she doesn't want to wait until I get home to come in and retrieve something she thinks I have in my room (she has NO patience).

I'm thinking about installing a video camera in the room to catch her in the act once I've given her the key (I just know she won't be able to resist). I'm concerned about surveillance laws, and want to know if it is permissible to have such a recording device installed within MY OWN private space for security purposes? I'm the one who is entitled to privacy in my bedroom, but would I somehow violate the law if I record her in my private bedroom? Does she have any expctation of privacy if she trespasses in my locked room without good cause?What is the name of your state (only U.S. law)?

You are correct...

She as your LL MUST give you proper notice to enter your rental space. Whether it be an entire apartment or a room in a house. Most states deem a MINIMUM of 24 hours WRITTEN notice for non-emergency reasons. Emergency being anything that would affect your material health ie; sewage back-up, caved-in ceiling, water pipe breakage, etc..

She is correct to inform you that you MUST provide her a key. Failure to do so may result in your eviction.

Send her a letter sent CRR stating you will provide her a key as required per your states LL/T laws, but she MUST provide you notice as well per your states LL/T laws. Inform her you will be installing a security camera that is not attached to the structure, to catch the break-ins that have occurred. Also inform her that ANY entry into your space WITHOUT proper notice or without a VALID emergency reason will be deemed a break-in and you will call the police and file a report. Also inform her that continued entrys for non-emergency reasons will be considered abuse of the emergency entry clause and punishable in a court of law for a monetary sum.

She can explain to the PD as to why she is entering the unit.

 

[sandyclaus]

I already warned her that entering my locked room is trespassing. She has already violated that, but the police refused to prosecute for trespassing - she had said she wanted something from my room, she put it in writing, she said she would be accompanied by police when she came to collect the items from me, but her letter said NOTHING about entering the locked room herself to collect them. The police were shown my written notice to her requiring written notice to enter, but ignored it. Said that I had no right to "proper notice" because she said she wanted to collect the items, and because I only rented a roomfrom her. And oh, by the way, why hadn't I given her a key? (Because I wanted to control her entry - her giving me notice would have provided ME the opportunity to prevent her unauthorized entry and give her the items myself when I came home, which I did about an hour after the break-in.)

I am pursuing civil remedies in Small Claims, but apparently I don't have grounds for trespassing charges according to the police, which nixes any criminal penalty here. I'm in the process of filing a complaint with the police IAB for their favorable treatment of the landlord, but the damage is done.

I'll do what was suggested and send her the key by CRR along with the letter. Let's see if that does any good...

 

[CA LL]

In CA, if the owner has a single boarder renting a room in the place they own/occupy, that boarder often does NOT have as many rights as regular tenants per CA law.

If you are uncomfortable with your roommate, I would suggest you move which would probably make both of you a lot happier.

I do not see you have any legal case you could win against the LL at this point..and it seems the police agree with you.

I do wonder what "items" you had in your room that belonged to the LL though.

 

[sandyclaus]

I don't rent from the owner. My roommate rents the house and sublets rooms to myself & another couple. The boarder scenario does not apply.

As for the items, they were a TV & air purifier that were furnished with the room, to be used as long as I live here. She got upset about me challenging an overcharge for my share of utility bills (which I paid anyway, and can prove that she overcharged me), and has been playing take away ever since. Taking away things that I use in the room, and taking away shared-use kitchen & laundry equipment use. She told me the night before she wanted the items back, but didn't want to wait for me to get home to give them to her (didn't need or want them anyway).

Looking for a better (and saner) living situation now, thanks.

 

[Alaska landlord]

What you do in your room is your business. If you want to put up a spy camera, then do so. You don't even have to let her know.