Can I be evicted for publicly videotaping people in the my apartment complex?
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Can I be evicted for publicly videotaping people in the my apartment complex?
My neighbor and I are in a legal battle involving ex parte orders of protection. Obviously not fun in itself. We were advised by our lawyer and a police officer to use recording equipment to capture evidence of our neighbor should he break the order. We have been videotaping our neighborhood walks and in some instances other residents in our complex but only in passing. These people complained to the apartment manager who promptly placed a notice on our door stating we were harassing people by videotaping them and that this practice must stop or evictions will occur. Is that legal?
Asked on September 3, 2011 under Real Estate Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, it is probably legal to order you to cease the videotaping and then to evict you if you do not. Most leases contain a provision requing tenans to not disturb the peace or the right of quiet enjoyment of their fellow tenants; even when the lease does not, the law allows eviction for disorderly conduct or distrurbing the right to quiet enjoyment. Videotaping other residents against their will can be a violation of their right to quiet enjoyment. Hence, you can be ordered to cease this action, then evicted you if you do not. The fact that you are in a dispute with one neigbor does not give you the right to violate the rights of other neighbors.
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