Is it illegal to record someone who is in there home without permission

UPDATED: Sep 30, 2022

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Is it illegal to record someone who is in there home without permission

I was yelling one morning inside my apt
and my neighbor recorded me and turn
into landlord who now wants me out at
the end of the month what can i do.

Asked on April 13, 2017 under Personal Injury, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

VA is what is known as a "1 party consent" state. This means that as long as at least 1 party to a conversation consents to its recording, it is legal. However, your neighbor was not such a party, so under the general rule their recording would be illegal. That having been said, there exits an exception to the rule. If there is no" expectation of privacy", then a conversation can be recorded without first obtaining consent. This means that any conversation in public places or any conversation that can be overheard by the public, can be recorded without any participating party's permission. Here, since you were yelling loud enough for anyone outside of your apartment to overhear, it could be legally recorded by your neighbor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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