Is it legal for a tenant to use a video camera on a landlord's property? (CALIF)

[Inglourious]

Without anyones permission, that is.

I know that, when on private property, you need permission to capture another person with a still image camera. But what about a video camera? For example, Home Depot has video cameras everywhere. But I don't own Home Depot. I know Home Depot would not let you use a video camera inside their store - if you tried to do that without their permission they'd usher you right out the door ASAP. I guess I just answered my own question? Unless someone smarter than me contradicts me I guess a tenant cannot use a video camera on a landlord's property so the answer is NO. Or...does it matter that the building in question is a living space being used and shared by other people and thus that gives any tenanta the right to use a video camera in any area of the property where said tenant not have any right or expectation of privacy (for example, hallways)? I'm in California.

 

[treese]

Of course a tenant can use a video camera on a landlord's property.

Tenants can video without restriction in their residences and all common areas.

 

[Banned_Princess]

Agree'd .

Of course.

 

[Inglourious]

still image camera vs. video camera

Of course a tenant can use a video camera on a landlord's property.

Tenants can video without restriction in their residences and all common areas.

Banned_Princess and treese: I live in apartment unit number 4H here in California. I was well aware that I can use a video camera inside my living unit without restriction (for example my kitchen, bedroom, bathroom area, located in my unit, unit 4H). However when it comes to common areas in an apartment complex (and that would be any area outside of my unit, unit 4H) I can not snap photos of another tenant with a still image camera in a common area without that tenant's approval, correct or incorrect?

 

[BL]

You still haven't told us the juicy details of what your neighbor has done or doing that upset you .

 

[treese]

I can not snap photos of another tenant with a still image camera in a common area without that tenant's approval, correct or incorrect?

Incorrect.

 

[Inglourious]

Regarding still cameras and video cameras too:

According to the link below (The Photographer's Right), you can pretty much shoot anyone on public property in a common area, or an area where there is no reasonable expectation for privacy. On private property however, the owner can take that right away from the photographer. And, as we know, an apartment complex is private property.

So...if you're a darn good tenant who follows all the municipal codes to the letter - and you are battling a dishonest landlord and his team of equally dishonest apartment managers - and that landlord is machinating an illegal eviction with the help of their favorite tenants - then the landlord might not allow said tenant to use a video camera. And so the battle weary tenant who is intent on fighting an illegal eviction will have to surrender the video camera by putting it in the closet. In other words, the tenant's right to capture a video or still image can be stripped away in a virtual nano-second.

So this is what I'll do: Tomorrow on July 1st I'll call the District Attorney's office to try and clarify the ruling for a tenant who desires to use a video camera anywhere in or on their apartment complex. Though I must say that even today on June 30th half the United States appears to be on vacation so I may not be able to get an answer until next week around July 5th or 6th.

Note that this is a California issue.

Bert P. Krages Attorney at Law Photographer's Rights Page