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Recording landlord during inspection

  • 07-09-2012 8:56pm
    #1
    Registered Users Posts: 4


    Can a person record a landlord during an inspection of the property without their consent? I am wondering cause I know in some American states it is frowned upon but America is very OH HO HO about privacy?

    Thanks guys


Comments

  • Registered Users, Registered Users 2 Posts: 651 ✭✭✭Condatis


    Except in exceptional circumstances a landlord is not entitled to inspect a property without the consent of the tenant.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    T be honest I would think it would depend on a few things. Your rental agreement, the purpose of the inspection, the purpose of the recording, how much you are trying to piss him off etc...


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Landlord has to make an appointment to inspect.

    Recording any meeting without consent of those involved is at minimum bad form.

    A court might be reluctant to accept the recording as evidence


  • Registered Users Posts: 402 ✭✭seb65


    Going on the laws private investigators follow:

    You can record if it is in a public place.

    You cannot record sound.

    I'd bet all the money in my pockets that no court will accept a recording, without the landlord's knowledge, of the inspection, as evidence.

    Leases and statute permit the landlord to inspect the property periodically.

    If you worried about proof that you did not damage anything during an end of lease inspection, draw up a statement that says such and that your deposit will be returned and get the LL to sign it. It's not bullet proof, but it's better than nothing.


  • Registered Users Posts: 4 AA92


    Well I handed the keys over but I recorded the landlord on their final investigation to go over any wear and tear. Would the PRTB accept evidence that I recorded of the landlord during this investigation.


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  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Evidence of what?


  • Registered Users Posts: 4 AA92


    That the landlord is being aggressive, not co operating or making up ridiculous reasons to keep a portion of the deposit.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Jesus people really complicate things.

    Photos and a written report when you go in. Photos when you go out. No need for any Sherlock Holmes business then.

    Perhaps you could give a little more info OP keeping it hypothetical of course.


  • Registered Users, Registered Users 2 Posts: 5,652 ✭✭✭fasttalkerchat


    I would guess that showing them the recording wouldn't get you into trouble but that them accepting it would be another matter. Hopefully someone can back that up legally.


  • Registered Users Posts: 4 AA92


    I have tried doing some research but am only finding stuff from America. Basically, if a tenant wants to record the landlord after they hand over the keys, is it permissible?

    Fort example, the tenant has damaged carpets with burns and damage to the wall but denies the damage and the landlords do not realise the damage. However the landlords instead state that they are retaining a portion of the deposit until they conduct a full investigation because the tenant wanted to leave after a brief investigation. Also, the tenant refused to give forwarding address but demanded the full deposit and recorded the landlords being unreasonable.

    Now they have found the damage and have retained a portion of the deposit, but returned the rest of it. Can the tenant go to the PRTB with this case because they are unable to prove the tenant did the damage, even if they have.


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  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Okay so hypothetically tenant A has damaged the property and want to make the landlord's life difficult and get his deposit back before the Landlord cops it and keeps the deposit. A wants to film the landlord not realising there is damage during the inspection? The flaw would be that the landlord could still peruse A for the damage to the property.


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