Can my friend sue the landlord?
Can a friend of mine sue for damages against his landlord for calling him a peeping tom and a pervert? He tapped the conversation between the landlord and another tenant. Can he use this in court against the landlord? He just got a 30 day notice to move because of this. He is getting him a lawyer because of false statements. I just wondered if anyone else would have an idea of the out come of something like this. Thanks for any input. Here in Kentucky.
Answers:
It is illegal to tap anyone's line and listen in unless you are law enforcement and have a warrant (or unless you are G.W.B.). Your friend doesn't have a leg to stand on because he is the one who broke the law.
Ohhhh. or do you mean that your friend TAPED (audio taped or video taped) a conversation between the landlord and the tenant? If you mean that, then you have to understand that this type of law is changing every day. Some people in the legal arena say that there is an expectation of a level of privacy in and around your home. If the people having the conversation were indoors talking in normal volume, then they definitely had a right to expect privacy. If, however, they were standing outside near your friend's apartment and were having a loud discussion about something illegal, then your friend needs to take the tape to the police. They can judge whether your friend invaded that person's expectation of privacy or not. Chances are, if they were discussing illegal activity, the police can use that tape as evidence of wrongdoing strong enough to get a warrant to listen in to the landlord's phone calls. But it wouldn't be enough to get the landlord put in jail on its own.
Your friend taped the conversation. The landlord has every right to call your friend names for what he did. None of those accusations can be proved false because your friend really had no business listening in to another person's conversation, let alone taping it. There is no case at all that your friend can make that his landlord was ruining his reputation because, technically, it's true. Your friend had no business taping anybodies conversations.
Whatever the "false statements" were, you didn't list them, -- unless your friend is claiming the landlord falsely called him a peeping tom and pervert because he taped the conversation. Anyone who listens in to other people's conversations on purpose is guilty of being a "peeping tom"; and, if the subject was about sex, then being called a pervert is mild compared to what the landlord could have called him.
What your friend did was illegal. He is lucky he is just getting evicted and not convicted! When you are taping a conversation at least one party has to know that they were being taped! I would evict him as well!
You have a severe problem here.
Recording other peoples conversations is illegal without a court order, so no matter what was said they would be inadmissible as evidence
Possibly. Given that your friend is getting a lawyer your friends lawyer should be better able to advise.
Hpowver if your friend raises this lawsuit and other people in the building will support the landlords case that your firend is a peeping tom and a pervert then your friend could have the police come calling.
If I understand your question right, Your friend is the one that can be sued for invasion of privacy.
The Landlord can evict for certain issues, one being "hampering the management of the project"
The eviction letter will explain why he is being evicted, take it and research your Lease and insure that it is correct. If your not sure consult an attorney.
Defamation of Character is a tricky one. Your friend must prove that his character has been damaged and how. Just because he taped a conversation, might be liable but depending on what was said, I don't know if anyone could give a definite answer. Was the notice for sure given because of this incident, your friend must have proof of this. Will this cost your friend more than its worth? that's his decision.
you didnt say how he taped the conversation was it with a walkman type recorder or mobile/cell phone with voice recorder in his pocket?
or was it by the telephone which is illegal unless you are a law enforcement officer with a court order notarised by a judge or magistrate
you need to be clearer in your question
having said that if he was watching the landlord and other tenant talking how was he doing this?
and why was he watching hmm watching/peeping see the similarities here
was it from a window hmmm?
or through a keyhole?
the whole question of your friends credibilty seems in doubt from what you have said here
best bet is to move on get a new place and forget about it
obviously there are issues that need to be addressed between the parties they may not be reconcilable at all
let your friend deal with it and try not to get involved for your own sake
an unauthorised voice recording would be thrown out of court in a civil matter
for sure you could play it to the police but courts wouldnt want to know about it
Deeperppl has got all of the basics rights and this would be exactly with what he would deal w. in court. Others provided the icing on the cake.
Sueing someone for defamation is a very expensive business and proving it is iffy. Evicting someone is a very iffy business and can be expensive for a landlord.. but odds are providing 30 days notice covers that for the landlord.
If the landlord is speaking freely about this odds are there is some truth behind all of this. Even if not the landlord will find someone to cast doubt upon your friend. Even if he was just seen walking about an apartment complex or standing in the front yard at an odd hour that will cast doubt.
Basically if it becomes a court issue and enough people say enough to cast doubt he might get charged. And depending on the situation actually being in the right time and place, stealthy enough to record a conversation, have the equipment handy, etc. is suspect in court. What would lead to him doing so instead of confronting this person and getting mad? Why does he not do so and threaten "make me leave".
Your friend might be a victim but the police will err on the side of the landlord. Sorry but he just best scoot. Odds are even if he didn't do anything he could get screwed. But odds are really that he did get caught doing something, the landlord has a witness, or if it is a whole house situation he found something that would look bad. He best scoot and find something else.
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