Recording a walk thru...Legal???

[Ridddle]

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

Hey I know I already have another question going on but I got such great advice I figured I would ask this one too (feel free to let me know when I have reached my quota ). Anyway landlord for my current place wants to do a walk thru tomorrow (not moving till the 30th but hey it's his place right). Anyway to protect myself am I legally allowed to video record or voice record the walk thru? I know there are some laws that you can't record phone conversations without permission and if he is not willing to let me video tape him can I still do the voice recording in case he tries to sue later?

I ask because there were things he told me NOT to do and I worry he will sue me later saying he never told me not to do them. I would rather voice record so I can point out those things and if his response is oh don't worry about it I can use that in court (if it's legal of course).

Thanks guys!! You rock!!!

 

[FarmerJ]

Go ahead and either take pictures with a throw away camera or use a vid cam to help you document the final condition of the unit. It would be to your advantage to actualy do it ahead of time , every thing , inside the fridge when its cleaned out , inside the oven , the closets , the toilet bowl, the tub shower , the cupboards, the walls , the flooring , every thing BUT it would be best if you can do it when things are empty and clean.

 

[justalayman]

from:New York Recording Law | Citizen Media Law Project

New York Wiretapping Law

New York's wiretapping law is a "one-party consent" law. New York makes it a crime to record to record or eavesdrop on an in-person or telephone conversation unless one party to the conversation consents. N.Y. Penal Law §§ 250.00, 250.05. (link is to the entire code, you need to click on the Penal Code section, then choose Article 250 and locate the specific provisions). Thus, if you operate in New York, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.

Consult the Reporters Committee for Freedom of the Press's Can We Tape?: New York for more information on New York wiretapping law.

realize that YOU are one of the parties.

So, yes, you can record surreptitiously as long as you agree to recording yourself. The LL, if he is aware of the taping, does not have to agree but he may simply terminate the interaction.

If it were me, I would do things a bit differently. I would ask if he has a problem with videotaping. If he does, I would; first, make a video record, including explanations of what I was recording, prior to the walk through. Then, when you do have the walk through, I would have a still camera and a notepad. Take pics of anything the LL addresses and make notes as to what they are meant to show.

I would write down anything the LL states is defective and requires attention. I would also note if he stated something specific is acceptable. At the end of the walkthrough, ask him to read the list to verify it was what he meant. Once he accepts such, I would ask him to acknowledge his reading (doesn't even have to be noted as acceptance) of the notes.


BTW: he may be doing the walk through now to allow you the opportunity to remedy problems that may exist before he does so and charges you his rate.

 

[Ridddle]

Thanks guys, again you Rock! I did ask for the walk thru earlier this month to give me the whole month to fix whatever he deemed needed it, when he didn't I got the NYC list of normal wear and tear vs damage and did everything from there so I don't think he will find much. However he gave me permission to paint and to put in ceiling fans...he told me from day one I would have to leave the ceiling fans which is fine but he also said not to repaint the rooms back to white. In case he tries to sue saying he told me to repaint and I didn't I wanted something to prove it was okay.

I am magic erasing the walls, cleaning the fridge, dishwasher, etc. I will make do what you suggest Justalayman and I just hope he does but in case he doesn't acknowledge it though I will record the walk thru.

 

[Baranov]

Your LL will not see how YOU recording him will benefit him in anyway.
Expect your LL to walk out without doing the inspection. I know I would.

 

[Ridddle]

Your LL will not see how YOU recording him will benefit him in anyway.
Expect your LL to walk out without doing the inspection. I know I would.

Out of curiosity, why wouldn't you do it? If he is an honest person me recording him in anyway shouldn't bother him or worry him.

 

[Baranov]

Out of curiosity, why wouldn't you do it? If he is an honest person me recording him in anyway shouldn't bother him or worry him.

I would object to it because a final walk through is not a final assessment of the apartment. Things may become evident later after closer scrutiny. If this is the case, you would have convincing evidence tilted in your favor.
For example, your video may show a perfectly clean carpet that will later on prove to be soaked with cat pee in an area that has been treated to temporarily mask the smell.

 

[Ridddle]

Ooohhh Okay, I get it. I completely understand. I don't think this is THE final walk thru and it is clear we haven't moved out yet. I am scheduled to return on Friday to do a last look over and hand in keys so I assumed that was when the final walk thru would happen and we would just document everything that needed attention to make sure it was taken care of. My concern was him saying not to do certain things and then say in court he asked me to and I didn't. I didn't intend to use it to say look at how great the house looks since you can't see much of it. I just wanted to point out the painted walls for instance and just ask him again Do you want me to repaint and record his response. It can work against me too cause even though he already said no he can change his mind and say yes and then I have to do it.

 

[sandyclaus]

Why would they be doing the walk-thru BEFORE you vacate the unit?

 

[justalayman]

Why would they be doing the walk-thru BEFORE you vacate the unit?

I suggested it is to allow the resident an opportunity to remedy any problems prior to the LL needing to.

other than that? I guess it would be anybody's guess.

 

[Cvillecpm]

He has to know you are recording the walk-through. Offer to e-mail him a copy if he agrees to it....otherwise, take a second party/witness

 

[justalayman]

He has to know you are recording the walk-through. Offer to e-mail him a copy if he agrees to it....otherwise, take a second party/witness

not according to the states laws. NY is a one party state and as long as the OP is aware of the recording, it would be legal to not tell the other party(ies).

 

[BL]

When you do walk through make sure the LL has two copies of the walk through sheet .

Items for each separate room .
ie: LR ( living room walls ,floors ,windows,window screens ,doors,etc .
Kitchen ( everything )

If the walls you painted are acceptable and do not require repaint ,then the LL simply writes OK ,and initials each OK'd item .

Then you and the LL sign and date the walk through .You keep a copy ,and the LL keeps a copy .

 

[Ridddle]

Hey Guys,

Again thanks again for all the advice. Well the Landlord came by yesterday I had the video camera out and was gonna ask to record it but I couldn't get it turned on so I did turn on a voice recorder and put it around my neck (it's a MP3 player so not very big but noticable). I got my pen and paper and as soon as he came in he was in a rush. He looked around and all he really said was "okay good, cool, looks okay". I pointed out the paint jobs and he said it looked fine & I didn't need to repaint, I pointed out the ceiling fans and said I am leaving them as you requested and he said cool. I asked if he saw anything that needed attention and he said no, it all looks good and he didn't anticpate any problems. He said he was going on Vacation and to leave the keys in the house when I leave. I didn't even get to ask for him to sign the sheet that says I am to do the following repairs and listed none.

So hoping all is okay.