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taped phone calls admissible in court in landlord/tenant case?

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nyflash

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? NJ. My landlord and his staff have been harassing me since I tried to form a tenants organization, and since i went to the newspaper about the bad living conditions in the building. They also claim that I never called the office to report these conditions, when if fact i did. My landlord's wife is even calling me, to try to get me to move out. I am trying to tape record all my phone conversations with them, without their knowledge, as well as tape record what they say to me when they come in my apt to supposedly do maintenance. Are these tapes admissible as evidence in court, should they try to evict me, or if I charge them with harassment, or sue them for harassment?
 


Who's Liable?

Senior Member
Check your LL/T laws in regards to joining or forming a tenants union...

Some state specifically deal with LL harrassment, and you can sue them for a specified amount...

Also check your states laws in regards to taping... It is always wise to inform the other party of what you are doing not only to make sure that you can use the tapes as evidence, but that you are conforming to the laws... it would be a shame to go through all that only to have he tapes thrown out in court...

You should do everything in writing, CRRR, in order to start a paper trail...
 

BelizeBreeze

Senior Member
N.J. Stat. § 2A:156A-3: Interception of any wire, electronic or oral communication, or disclosure of the contents of such communication by someone having reason to know of the interception, is a crime. The disclosure of intercepted information is not a crime, however, if the contents of the communication have "become public knowledge or public information."

In addition, an interception is legal if the interceptor is a party to the communication, or one of the parties has given prior consent, so long as no criminal or tortious intent is present. Nonetheless, even if a person is a subscriber to a particular telephone, that person cannot consent to the recording of conversations on that telephone to which he is not a party. N.J. Stat. § 2A:156A-4.

Civil liability for unlawful interception or disclosure can be imposed for the greater of actual damages, $100 per day of violation or $1,000, and can include punitive damages, attorney fees and litigation costs. N.J. Stat. § 2A:156A-24.

Read the above. Your recording will be open to civil penalties.
 

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