Is my tape recording of my landlord in my Florida home at the closeout inspection admissible in court?
At my closeout inspection for a home leased in Florida I recorded my landlord stating lots of information about the condition of the house, and how it looked great and where he named everything that was and wasn't wrong with the place. Now he is lying about the condition of the house and trying to take my entire deposit plus some.
I intend to take him to court over this. The home lease was currently still in my name and valid. I did not notify him that he was being recorded. Is this a situation where audio is admissible, and secondly/separately is such a situation one in which a person ought to reasonably assume they could be recorded?
- goz1111Lv 71 decade agoFavorite Answer
state specific in regard to privacy laws: but in general since we are talking about a conversation you and your landlord had in the rental you had leased which you where a part of the conversation and record it , In my opinion you should not have privacy issues
Now can you get the recording admitted into evidence? read Florida rules of civil court, but if it can be shown the recording was not tampered with, can authentic the voices it should be allowed to refute the landlords claims of damage
since you went as far as recording the landlord did you at least take pictures of the condition you left the unit
Florida for in person conversation, two parties consent is not required to record; though if one party has a reasonable expectation of privacy then its not kosher to record
So the question: did the landlord have a reasonable expectation of privacy when you two where talking in person in the rental home? maybe , was any one else present that could have overheard the conversation if the case then no expectation
- Mr PlacidLv 71 decade ago
Florida requires all parties to a private conversation to consent before the conversation may be recorded. If the facts are as you stated, then it appears this conversation with the landlord was private. If that's the case, the recording is not only inadmissible, but could result with you being charged with a felony.
What you did would not be a problem in about 35 other states. But, not in Flroida.
You should have had the landlord provide you with something in writing at the closeout inspection. Or, you should have taken a friend, who could corroborate not only the condition of the home, but also the landlord's statements.
- 5 years ago
Go to the training, but show them the tape in court. Just make sure you have a believable reason to have been recording
- Ryan MLv 71 decade ago
No notification = not admissible. There was no reasonable assumption of being recorded. That only applies to places like police stations, banks, or any other place that OBVIOUSLY has video cameras. That is not a reasonable assumption in a private residence.
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- Anonymous1 decade ago
No it is not admissible and in fact illegal to record him without his prior consent. You will lose your case if you even mention that you have no respect for the law, common decency and this mans right to privacy. The judge will think you are a low life and not believe a word you have to say.